Legal Question in Wills and Trusts in California
Hello, I have recently been contacting by a lady who served as the executrix of her father's estate. She is claiming I was indebted to him before his death, however, I was not.
I have contacted the clerk of court in the county where she filed her father's probate, and discovered she closed the estate in 2006.
My debt was never mentioned in the paperwork as a debt owed the estate, and the estate was open for several years. She claims to have just recently learned of my alleged "debt".
My question is this; after an estate has closed, does an executor's "authority" end? Or, does she have to re-open the estate and be re certified as executrix before commencing legal action against me? Can you site any Californian law regarding this, please? The statute executor's powers are covered under, etc.
She is threatening legal action and harassing me greatly. Thank you so very much.
2 Answers from Attorneys
If the executor was never formally discharged by the court, then she still has authority to act on behalf of the estate and does not have to be reappointed by the court.
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