Legal Question in Wills and Trusts in California

I am a single person living in California. I have a will and I want to change it so my sister is not the executrix since I fear she will give my money to her awful grandkid who is a thief (stole my mom's wedding rings). Should I name an attorney? I have another sister who could take it over, but she lives in another state and I don't want to overburden anyone. If I appoint an attorney, how do I find one and what is the price range. I want to leave my entire estate to an animal rescue charity. Thanks for any advice.


Asked on 2/25/14, 2:58 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

In my practice, I sometimes draft wills and trusts that give me, as my client's attorney, the power to name executors and trustees - usually professional fiduciaries who do this for a living. It's a final backstop for clients who don't have anyone they can trust to do the job properly.

I should point out, however, that in this day and age of the Internet and overnight shipping, it's not out of the question to name an out-of-state residence as executor or trustee.

Attorney and Executor fees in the probate courts in California are set by state law. Also, if the attorney is also acting as the executor, he or she cannot take a double fee. The attorney is paid only the attorney's fee, or the executor's fee, but never both. This creates a financial disincentive for an attorney to serve as executor. Most attorneys won't do it.

Read more
Answered on 2/25/14, 3:42 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California