Legal Question in Wills and Trusts in California

Re: Nephew of deceased denied certified copies of cd account from executor

You should have the nephew put his request in writing to the executor. Tell her that if he doesnt receive it within 10 days he will file a motion in probate court to have her relieved as executor. If she has not filed a probate and it is required, assuming it is not a small estate, then he can file a probate or his guardian, and ask the court to either make someone else the executor because of misconduct or apply for it himself.

John A. Giffen

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Re: Nephew of deceased denied certified copies of cd account from executor

If this is a custodial account (held by custodian for your son's benefit), your son has a right to information about the account and an accounting from the custodian (who could be the niece/cousin or somebody else). You should demand the information/accounting from her. If you don't receive it, you may need to file in court to get the information.

If the CD is part of an estate (e.g., left to your son through a will or trust), the executor has a duty to file the will and file an appraisal/inventory showing the estate's assets). Also, an accounting is due as part of the will or trust administration, so you should ask for this information. If you do not receive it, you can again ask the court to force her to give you the information.