Does an Executor Have the Right To Remove Community Assets from the Decedent's Home
My question involves estate proceedings in the state of: California
My father recently passed away. He was married at the time of his death to my step mother, though they were not living together and in the very beginning of process of a divorce. When he died, I was named executor of his will which left everything to me. Right after he died, I went to his property and took possession of most of the assets which were valued well over 100,000.00. The home was jointly owned and his widow moved back onto it and filed a report stating that the assets had been removed. His widow is now sueing me for return of all community assets and a full accounting of everything that was taken. Am I in trouble for this? And does she have the right for management and use of the assets while this goes thru probate? What rights do I have as the named executor? How can she prove what I have taken?
Re: Did I Have the Right to Take Community Assets Off Property
She's entitled to do what she's doing - obviously, you took a slight misstep in rushing in and removing things. Speak to a local probate attorney immediately. $100k is not an insubstantial amount of money - the attorney will be worth it.
Re: Did I Have the Right to Take Community Assets Off Property
Was the taking of joint assets necessary? As you took them from her home also, theft is a likely argument. They were in her care and control. You should have taken dads assets and an inventory, unless there was a compelling reason to do otherwise.
Re: Did I Have the Right to Take Community Assets Off Property
I did not take any joint assets.. I only took assets that were considered community. My father was living in the house and she moved back in after he died. I know that the house went directly to her. She says that I was trespassing at that point and had no right or court order to do what I did. She keeps requesting a list of what I took but I don't think she can prove everything that I took. She has said that everything needs to go thru probate and that I have a right to his half of the community but not her half. Does an executor have the right to take possession of the assets? I think I might have opened a can of worms legally. Also, am I responsible to keep the pymts up on a car that I took that was in his name only? She says it was bought while they were married and half belongs to her. She is still paying the insurance on it but says that the community assets need to be sold to pay it off and then sell it and I will get half value for it.
Re: Does an Executor Have the Right To Remove Community Assets from the Decedent's Ho
No, you did not have the right to break into her house and take assets that belonged in part to her prior to his death. With permission, you could have entered and inventoried or removed all his solely owned assets and any with permission, assets that partially belonged to her prior to his death.
Re: Did I Have the Right to Take Community Assets Off Property
Quote:
Quoting
gguubb
I only took assets that were considered community.
Those WERE joint assets. The community is her and him until a court says otherwise. Step mom is 100% right in everything that she's said and you are going to have some explaining to do to the probate court.
You need a probate attorney NOW and you need to return EVERY ITEM YOU TOOK from that house. Pronto.