Executor of Estate Failing to Do Job
My question involves estate proceedings in the state of: California
My husbands son was named as executor of the estate in the will. He has taken control of all assets, though I own 1/2 value of them, and he has not filed probate yet. He has waited 4 months after my husband's death to start the process FINALLY. He refuses to cooperate and has obviously had unreasonable delay in filing the will. He has transferred all monies from accounts to his own. I am sure that he will plead ignorance as to what he has done, and duress following the death. My main concern is that there are 2 vehicles on which there are loans due monthly. He has taken all paperwork of the vehicles and also possession of them. One of the vehicles was just in my husband's name, though bought during our marriage, and the other is owned as community property with my name on it. He has not made any of the pymts on the vehicles and now I am getting phone calls from the lenders. There is money in the estate to make these pymts and also there are many community assets that can be sold to make the pymts. If these vehicles get repossessed because of his lack of responsibility as named executor, do I have rights to be reimbursed? What are my rights or responsibility as 1/2 ownership rights and yet have no access to other assets, nor am I named executor to maintain the estate until probate is finished? Thank you.
Re: Executor of Estate Failing to Do Job
Quote:
Quoting
gguubb
My question involves estate proceedings in the state of: California
My husbands son was named as executor of the estate in the will. He has taken control of all assets, though I own 1/2 value of them, and he has not filed probate yet. He has waited 4 months after my husband's death to start the process FINALLY. He refuses to cooperate and has obviously had unreasonable delay in filing the will. He has transferred all monies from accounts to his own. I am sure that he will plead ignorance as to what he has done, and duress following the death. My main concern is that there are 2 vehicles on which there are loans due monthly. He has taken all paperwork of the vehicles and also possession of them. One of the vehicles was just in my husband's name, though bought during our marriage, and the other is owned as community property with my name on it. He has not made any of the pymts on the vehicles and now I am getting phone calls from the lenders. There is money in the estate to make these pymts and also there are many community assets that can be sold to make the pymts. If these vehicles get repossessed because of his lack of responsibility as named executor, do I have rights to be reimbursed? What are my rights or responsibility as 1/2 ownership rights and yet have no access to other assets, nor am I named executor to maintain the estate until probate is finished? Thank you.
The son is obviously out of control. I suggest that you get your own attorney ASAP and get things in front of a judge as quickly as possible. The executor is responsible to preserve assets and he is obviously not doing that. It also sounds to me like he is taking property that is rightfully yours.
Re: Executor of Estate Failing to Do Job
Thanks for the response. He has told me that 1/2 belongs to him.. And I have told him it does, but that does not give him the right to not perform his executor duties. I don't know how the courts view excuses such as " I didn't know I was supposed to do that" or "I didn't know I was NOT supposed to do that.". Am supposing my credit will tank as my name is on one of the vehicles also. What a mess. I am hoping that I can get reimbursed for attorney fees that obviously I am going to have caused by his lack of actions.
Re: Executor of Estate Failing to Do Job
Quote:
Quoting
gguubb
Thanks for the response. He has told me that 1/2 belongs to him.. And I have told him it does, but that does not give him the right to not perform his executor duties. I don't know how the courts view excuses such as " I didn't know I was supposed to do that" or "I didn't know I was NOT supposed to do that.". Am supposing my credit will tank as my name is on one of the vehicles also. What a mess. I am hoping that I can get reimbursed for attorney fees that obviously I am going to have caused by his lack of actions.
It would be reasonable to ask that you are reimbursed your attorney fees.