Legal Question in Wills and Trusts in California
sucessor executor
First thing I'd like to say thank you for your help.
This is the situation-My grandfather passed earlier this year and my uncle was made executor per the instructions of the will. Basic terms of the will are: Small financial amount giving to my mother and all property and assets were to pass to my uncle for him to distribute as he saw fit. In the will two grandchildren were specifically dis-inherited.
Before making any solid arrangements my uncle passed away unexpectdly and left no will or indication as to his intentions concerning my grandfathers estate. There are no contigent executetors named.
My aunt has filed a petition to be nemed succesor executor so as to split the estate between herself and the two grandchildren that were dis-inherited. So far, I have managed to stay out of this but my grandfather was a man of few words and if he stated how a thing was to be done, then that's how it was done. So my questions are how can I stop my aunt from flagrantly ignoring my grandfather instruction and install a replacement executor?
2 Answers from Attorneys
Re: sucessor executor
Interesting situation. Was he leaving all property to your uncle? Or, was he leaving the property to your uncle as trustee to distribute to beneficiaries?
Did your grandfather have a prior will?
Is the aunt you refer to the spouse of your uncle? or, is this a separate individual?
There are a lot of questions that need to be asked and I cannot tell based solely upon the facts above.
I think you need to have a consultation with an attorney to discuss everything and get all necessary information.
Re: sucessor executor
First, let me offer my condolences to the losses you have recently suffered. If you really have a problem with your Aunt being appointed executor, you need to file objections against your Aunt's petition, objecting to your Aunt being appointed as personal representative (and suggest someone else be appointed instead of your Aunt). Please note, even if your Aunt gets appointed, you can still object to any distributions she intends that are in conflict with the will. My suggestion is to retain an attorney to assist you with these matters. If you would like, our office would be glad to arrange a meeting with you to discuss these matters in more detail.
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