Legal Question in Wills and Trusts in California
I believe my sister abused her position as executor of our mothers will.
When our mother passed away 3 years ago, my sister was the executor of the estate. Over a years time she sent me a total of three checks. My mothers home was undergoing some minor repairs, and my sister stated that upon completion, the home would be sold and the profits divided equally between the two of us. She has since decided that she deserved to keep the house solely. She put it into her name and has been collecting rent for two years now, telling me I have no claim to a cent.
Do I have any recourse?
6 Answers from Attorneys
Re: I believe my sister abused her position as executor of our mothers will.
Without seeing the documents/case file, it sounds like something's wrong, so you need a probate lawyer to review things quickly and see what can be done to set things right.
Re: I believe my sister abused her position as executor of our mothers will.
Why not say it again: Go to a Probate Attorney, you may have waited too long.
Re: I believe my sister abused her position as executor of our mothers will.
It sounds like a complete breach of her fiduciary duty, but it would depend on any estate planning documents and other considerations. You also may be time barred from asserting a claim depending on what has happened. As soon as possible, get to a probate attorney to review this matter.
Re: I believe my sister abused her position as executor of our mothers will.
Of course you do and why have you waited so long. You should be seeing a real live attorney with all of the paperwork you have regarding the probate. It's the probate has not been started to start one immediately and do an ancillary suit regarding quiet title as well as a partition action. She is responsible for a division of the rents collected as between olden beneficiaries and the sale of the residents the highest and best price to be divided after costs of sale to olden beneficiaries. It she refuses she's on the end of a great many problems in regard to the lawsuit and probate. There's certain fiduciary duties which it appears she is reached in your question leaves many unanswered questions. That is why were you need an attorney immediately who was well versed in the state planning/probate/litigation. Yesterday, is when you should have started these procedures, your procrastination has complicated matters and you should immediately uncomplicate of through a real live attorney.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
Re: I believe my sister abused her position as executor of our mothers will.
Thank you for your email. From the information you provided, it seems that your sister breached her fiduciary duties. I am puzzled how your sister was able to change the title of the house into her name. Since it has been three years, I am worried that you may be time barred from pursuing a claim. I advise that you immediately contact an attorney near you. If you are interested, please call me at (408) 268-2580.
Re: I believe my sister abused her position as executor of our mothers will.
She may have changed title to her name as executor of the estate. The bottom line is that she is required to terminate a probate, if there was one, and to get final approval of the court. If there was a trust involved, she is required to complete the terms of the trust.
GET LEGAL HELP NOW!
Ken Koenen
925-924-0100
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