Legal Question in Wills and Trusts in California
If my uncle is executor,and I believe my mom is a beneficiary of my late grandma's house, which they just sold, and it says that my uncle and mom when sold are to split the money in half, does my uncle (executor) legally have to split the money in half or can he bring up past issues that he didn't take up with my grandma before she past and take money out of my mom's half just to be spiteful? Does he make out the check to my mom or is it automatically split and put into a trust? Thank you
1 Answer from Attorneys
When you say your uncle is the Executor, then that means the Estate is being administered in Probate Court and there would be a Petition for Final Distribution filed with the Court. Your uncle would not be able to deviate from the terms of the Will. However, some people use the term Executor when what they really mean is that your uncle is the successor trustee for your grandmother's trust. Ordinarily there is no Court supervision; however, if your mother disagrees with the way your uncle is proposing to distribute the money she can file a Petition with the Probate Court and force your uncle to make the correct distribution.
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