Legal Question in Wills and Trusts in California
Questionable Executor Decisions
Previously I incorrectly submitted this under the Family Law category. My mother passed away this year. One of my siblings is the Executor of the will that was written in 1986. This sibling also works for the Probate Atty handling my mother�s estate. Mom gave me $8K in 2004 which I have kept in a personal savings. Mom also deeded her home over to another sibling in 2002 in which there is now a small mortgage. The will states that the home is to be sold and the proceeds are to be evenly distributed amongst the siblings. The Executor is telling me that I must give the $8K back to the estate to be distributed amongst my siblings. However, my other sibling is not required to sell the house or compensate the estate. When I questioned the reasoning I was told that there is a clause in the will that states that if anyone disputes the will they will receive $1. End of conversation. Is there a conflict of interest with the Executor working for the Probate Atty? Am I required to give the $ back to the estate? And, is simply asking questions considered 'disputing' the will?
2 Answers from Attorneys
Re: Questionable Executor Decisions
Simply asking questions is not considered a contest. You are not contesting the will by not giving back money, which you shouldn't have to give back anyways. It was a gift from your mother to you and the probate court can't touch it.
I can't answer your question about conflict of interest. There may be conflict, but does it matter?
What other property is in your mother's estate?
Re: Questionable Executor Decisions
The home was deeded and is not part of the estate. The will has no affect on the home. The $8k was a lifetime gift, which is called in the law an intervivos gift. It is not covered by the will. You can keep it Don't be cowed. Spend a few bucks and get an attorney into the picture to represent you.
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