Legal Question in Wills and Trusts in California
Removing Executor
My mom was an heir to a trust set up 20 yrs ago with a major bank, and kept in trust till her aunt mary passe's away, mom's executor's are only now proceeding with probate 3 yrs after her death i just found out mary died 7 months ago & i believe the executors of mom's estate will be in charge of these funds, but they have excluded this trust account from the accounting of her estate.
I'm told i'm only entitled to what's included in the accounting of her estate,if i object to the accounting & can prove the executors intentionally excluded this information from the probate documents due to their own greed, can i convince the judge to remove them & appoint a court ordered executor in their place.
I feel this issue is not only immoral but it should be illegal as well. Thank You.
2 Answers from Attorneys
Re: Removing Executor
You, after looking through your question, it is my opinion could not convince anyone to do anything. I mean that with the greatest of understanding of your na�vet�, inexperience, and ability not to express yourself as an expert attorney in probate litigation/estate planning could do. With that said my immediate advice, and immediate advice is to go out and hire an attorney who is expertise in probate/estate planning/litigation. Bring all of your paperwork, every little piece to him or her. Sit down and give him or her got full explanation of what you'll feel the facts are. Every name, address, phone number, date and incident involved. Listen to their game plan and if you like them higher them and let them go out and protect your interests and rights. Anything less is doing yourself a disservice.I have practiced law in the San Francisco Bay area for over 30 years and feel quite confident in terms of my familiarity with your problem. If you wish to contact me to set up an appointment please call me at 925-945 -- 6000.
Re: Removing Executor
Accounts in trusts are not handled through probate; they are handled privately through notices of adminstration. You are usually entitled to information and making a demand does not jepordize your inheritence. If you believe someone is doing something wrong, you should see an attorney as soon as possible because you have to act quickly in these matters.