Legal Question in Wills and Trusts in California
Representative failing to account for funds retained
I, one of five equaly entitled heirs to small estate, no will, Rep is also an
heir. letters were signed 6/10/00, Final Distribution on waiver of account on
4/30/01. Rep asks for $7,000 to remain in account for expenses, Judge
orders to distribute $6,000 and keep $1.000 for expenses. money was
never distributed, Rep files partition for sale of property on
10/1/02.partition finished on 12/15/03. I wrote letter to court stateing I
never received distribution, Under Court Motion Orders Rep in to Court for
status report,then next hearing Rep was advised to do accounting, I object
ed to Rep's Discharge at hearing 10/15/04, filed my objection and served
the Rep, The accounting was denied for not in proper format already two
hearings ago, Question? The Rep is witholding information she charged
the heirs $7.000 for reimbursement and $23.000 in attorney fees she paid
with her own funds for half then charged heirs, will the court appoint
someone to do account or let her screw it up again, she has gone over and
above to blame me for making it so dificult. Contra costa county court can
she be liable for all attorney fees and posible my $4.000 in fees just to be
heard so she dont run away with all the proceeds. th
1 Answer from Attorneys
Re: Representative failing to account for funds retained
This question cannot be answered completely and correctly without a review of the court records. In general, executors are fiduciaries and are held to a high standard in their management of an estate. If the court does not act, however, it may be necessary to file a formal petition for an accounting, to remove the executor (administrator) and/or for damages for breach of fiduciary duty.
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