Legal Question in Wills and Trusts in California
Probate is currently underway for two estates. My Dad's and his fathers. It was discovered My Dad never probated his fathers' estate (which was all left to him); about two or three months into the process, for his estate.
The executor, a person no one in the family had ever heard of, ghouled herself, by medically attending and isolating my ailing father, into receiving some property and being the executor; was given independent status.
She has given my sister possession of the family home; and given her income from rentals; all of which she is to eventually inherit. I am told the accounting is to provide for a separation of hers vs mine; but everything the executor has told me so far has been untrue.
Here in Crescent City, CA. they do not practice law; the attorneys make deals outside court (and have actually admitted as much).
I am looking for an attorney who might be interested in looking into the matter enough to determine if they would like to go after the executor.
I am not interested in creating personal income from this.
I believe their are many obvious egregious abuses.
(ie. is there a law that provides for a beneficiary to immediately enjoy the fruits of the estate?)
I haven't even touched upon MANY issues...bias, the executor stealing the trust my father was working on while not ambulatory.
The executor as an independent administrator gave my sister rental income and homes, access and control and has been telling me my sister determines who may have access; so I am the only person who cannot visit the estate my great grandparents created, while many others come and go.
While, yes, this is an emotional issue for me; as all i've asked for is balance; what i've received is baiting from the executor, who tells me how little my father thought of me...and so on.
Last week I attended a hearing sheduled to preliminarily distribute two homes to me. In the filing requesting preliminary dist. there was a paragraph of lies.... saying I never paid rent (on the home I'd been renting from my father for 4 years and 9 months, at 850/mo), the homes were always in disrepair, the distribution would harm no one, that I had requested this distribution and that I wanted to make significant improvements to the property.
I don't know why they put these things in the filing, but I do know it is to cover for something they've done; so I requested a rescheduling of the distribution until after the annual review.
There is something fishy.
I realize this is a bit of a ramble. I do feel there is plenty for a hungry, or intelligent practitioner to utilize; and at this stage perhaps greater footing can be created.
My wish is to turn this over and walk away. The executrix was not required to bond.
I do have many very accurate records to include printed emails from the executor; several emails discussing her ordering a 5150 person to move an automatic weapon illegal in CA to be moved to Oregon, and her giving this weapon to same person.
Anyone interested?
1 Answer from Attorneys
You are too far away for me to take the case. You should petition the Court to be appointed executor as according to your rendition of the fact pattern in this case the executor has violated her fiduciary duties. Check with the local county Bar association for a probate specialist to handle this for you immediately.