Legal Question in Wills and Trusts in California

The parties will need to be careful. Changing the terms of the contract could potentially be a gift and require the filing of a gift income tax returns.

As to your specific question, it is always wise to draft a written agreement between all of the beneficiaries and the executor when it is time to distribute the decedent's estate.

Also, depending on the size of the estate, if the decedent only had a will, the executor is required to probate the estate and seek judicial approval on the distribution.

Based on the question presented, I strongly urge the executor to seek the advice of counsel to determine what needs to be done to legally administer the estate.