Legal Question in Wills and Trusts in California
Responsibilities of Executor
My father passed away leaving a will but not naming an Executor. My oldest sister was appointed to the position by the court. Recently she has decided that her decisions are above those of my fathers. My father had a sizable estate with an operating Corporation and some monies in the bank. She is intending on spending large amounts of the money to make changes to the Corporations property while leaving the business pennyless. She also is not keeping track of money being collected on behalf of the estate leaving Father's heirs in the dark. Is there a way to stop her from bankrupting the Corporation and get an accounting of the estate? Is an Executor able to hold there position even if they are making decisions that the rest of the heirs disagree with?
2 Answers from Attorneys
Re: Responsibilities of Executor
The executor is the one making the decisions, but her duty is to preserve the estate. She owes the beneficiaries an accounting, but before this, you may wish to file objections to her actions in court.
Check also (in the probate file) to see whether there is a bond covering her, and that its amount is sufficient to cover any loss she may incur.
Re: Responsibilities of Executor
Your sister, as the Court-appointed Administrator of your father's estate, has fiduciary obligations to preserve the estate, and make it productive for the benefit of the heirs. The heirs can compel an accounting, and can file a petition to remove the Administrator if they can prove she is wasting the assets of the estate. Please feel free to contact us if you would like to learn more.
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