I do not have much confidence in the executor of the estate. What should I watch out for under California law?

Under California probate law, the executor of the decedent’s estate has a fiduciary duty requiring him or her to act with integrity, disclose all information to the beneficiaries, act in fairness and with diligence, manage the estate with caution, and deal with all beneficiaries equally. If you have concerns, you should be attentive to attempts by the executor to hide assets or make disbursements before disclosing assets. You should verify the executor’s accounting starting with the correct evaluation and listing of all assets at time of death and recording all the in- and outflows up to the final balance. An important point is to verify the way creditors have been notified and payments have been made for taxes and debts.

Finally, the executor’s duty is to strictly follow the terms of the will. If you have any suspicion of fraud or feel that the estate’s succession is not being handled properly, seek the advice of an experienced California probate lawyer.

Call San Diego estate planning and probate attorney Scott Grossman for a free discussion of your case, and order his free book The Insider’s Guide to California Probate and Trust Administration.

 
Scott Grossman

Scott Grossman

Attorney

The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307