QUESTION
Can an heir in a will be disinherited by a executor in California?
Asked on May 05th, 2013 on Estate Planning - California
More details to this question:
If a will was on file naming my deceased father as an heir, can the executor pull it from probate and distribute it the way she feels it should be, or does she have to follow the will and it go to my father's estate?
6 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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An executor is obligated to follow the provisions of the will as stated by the maker of the will. You are advised to seek probate litigation counsel to assist you in filing a petition for probate and have yourself appointed as administrator and the executor removed. DO NOT DELAY. The assets will be wasted, meaning not distributed as directed by the will. Also there may be grounds for a criminal complaint for embezzlement.
Answered on May 08th, 2013 at 5:24 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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She must follow the will.
Answered on May 08th, 2013 at 3:10 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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The executor has to follow the will. However, I am a bit confused by your question. Did your father die before the person who wrote the will died? If so, the exact wording of the will determines who inherits. "Following the will" might mean distributing to your father's heirs, or it could mean distributing nothing to predeceased heirs (like your father and his heirs). I recommend having a probate lawyer look at the will.
Answered on May 08th, 2013 at 3:04 AM
The executor must follow the terms of the Will. You need to consult with a probate attorney to see why that did not occur and the next steps to take [letter to executor, check court files on probate to see what done actually, etc.].
Answered on May 08th, 2013 at 3:03 AM
No, the actions you describe are a breach of fiduciary duty and are grounds for the removal of the executor.
Answered on May 08th, 2013 at 2:31 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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The administrator is bound to follow the terms of the last properly-executed will, and the will that is admitted to probate. If an heir feels that the will is not being followed, then the heir must file a petition in the probate court to order the administrator to follow the will's terms.
Answered on May 08th, 2013 at 2:22 AM