Emotions can run high for heirs and beneficiaries during the probate or trust administration process. You may experience personality clashes, miscommunications, or disagreements with other beneficiaries or the executor.
Differences of opinion alone aren’t sufficient grounds for having the executor of an estate removed. But when might an argument with the trustee or executor be more than an argument? When might misconduct actually warrant executor removal? Some examples of potential California executor misconduct:
Stalls on applying for probate or initiating trust administration
Fails to perform required duties
Ignores court orders
Harms or endangers the interests of those set to inherit from the estate
Refuses to provide documentation of transactions involving California estate assets
Attempts to gain financially or materially from serving as executor
Mismanagement of estate assets that causes loss or damage of property value
Criminal activities, like embezzlement, theft, or fraud
Be sure to keep documented evidence of decisions or actions that have harmed the estate or those set to inherit from it as soon as you become aware of them. You will need it for proof of misconduct in your case.
Are you the heir or beneficiary of a trust or will with grave concerns about executor conduct? The California trust lawyers at The Grossman Law Firm offer San Diego will contests, trust litigation, probate, and trust administration services. For a complimentary, 30-minute review of your case with one of our lawyers, call our offices toll-free at 888-443-6590 today, or use our quick online contact form.
Also, be sure to request your copy of Scott Grossman’s must-read book The Ultimate Guide to California Trust and Probate Litigation: How Sons and Daughters Get Their Rightful Inheritance from Their Parents Wills and Trusts, which is available to you FREE.
1 Comments to "Executor Misconduct Needs Intervention by California Trust Lawyer"
Sister is executor there is 6 siblings and 2 sibling live in the house. They have the option to live there for 5 years according to will, Sister is telling them they have until thee end of the month to move out. She selling the house she does not want to fix it up like we planned too do. She had it appriased by who I do not know. Appriasel $310,000, She is going to sell to one of my other brothers sibling for that price. Homes in that general area sell for $400,000 to $550,000 this is a four bedroom, corner lot, school rating # 7. I have not talk to my sister sence my moms burial she mishandle that too. Did not receive will information until 2 months later. She trying to leave my brother out in the cold with no money to live on rent is very high once house is sold they will receive very little to live on. Is she liable for any loses.
Posted by james
on December 10, 2012 at 03:28 PM
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