The decedent's will, under California probate law, not only decides how the estate is to be distributed, but often states who will be in charge of managing the process. Nominating a child, spouse, or other family member as the estate's executor is perfectly normal. What could happen, though, is that many years after the will has been written, the named executor has stopped getting along with the rest of the family, or does not live up to their expectations of integrity, competence, or diligence.
As a "fiduciary" of the estate and beneficiaries, the executor has a duty of trust and responsibility. This means that, if you suspect the executor is engaging in fraudulent activities or mismanagement, you have options.
After you have collected evidence of the executor's misconduct, you can file a petition with the probate court to compel the executor to abide by the dispositions of the will. If the court agrees with your allegation, the court will order the executor to correct the situation within a specific deadline. Failure to do so will prompt the court to consider his or her removal as executor of the estate. The court may appoint a new executor or agree to one proposed by the heirs and beneficiaries.
You may also file a petition for an accounting. If accepted by the court, the executor will be required to provide a detailed accounting report of all the amounts and assets that have come in and out of the estate. If there is evidence of theft, criminal charges may be filed in a civil court.
Finally, the California probate code authorizes the removal of an executor if he or she:
Has embezzled, mismanaged, or wasted the assets of the estate
Has committed fraud or is planning to do so
Is incapable or unqualified to execute the duties
Is negligent and fails to act
Or for any other reason authorized by the law
Talk to San Diego estate planning and probate attorney Scott Grossman about your situation and any questions you might have. Call our lawyers at (951) 683-3704 or (888) 443-6590 for your FREE 30-minute telephone consultation, and order our FREE book The Insider's Guide to California Probate and Trust Administration.
1 Comments to "Do You Suspect Fraud by the Executor of a California Estate?"
I suspect Estate Fraud in the handling of My parents estate. There is a Trust with my sister as Trustee. I know my folks sold a house for 780,000 in the late 1990's. Along with their other investment and frugal lifestyles, I would estimate they were worth a million at the time. Perhaps the estate increased in value to 1.7 million by 2012 with professional investment management. I understand there was a California Supreme Court ruling that the trustee is responsible to financial records, Tax records etc while she was Trustee. Is this true ? She and her attorney say they don't have to provide such information. How can I get " proof" of what happened to perhaps half of my parents Estate. My sister distributed approximately 800,000 earlier this year. I'm looking for perhaps 600,000 dollars to distribute for myself, my brother and my older brothers widow and daughter.
Posted by Tom Fairbairn
on December 20, 2013 at 02:57 PM
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