QUESTION

We think executor of estate is abusing her position

Asked on Apr 27th, 2014 on Trusts and Estates - California
More details to this question:
She is in charge of house which was intended for one of sons to live in. She kicked him out and is now renting out the house without notifying the other inheritors. The son has mild mental disability. We want her removed as executor at very least. Maybe sell house and divide money 4 ways. She is very secretive of her dealings with house and how she is is giving money to the son who was living there.
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1 ANSWER

Probate Litigation Attorney serving Anaheim, CA
2 Awards
My assumption is that you are one of the beneficiaries? The executor owes a number of duties to the benficiaries, including the duty to account and should therefore be transparent regarding the estate. You may very well want to consider a lawsuit to remove the executor from her position. I would need more details to know if that is the route I would recommend for sure, but based upon what you have told me, it certainly seems like an option. Thanks,Jon
Answered on Apr 28th, 2014 at 2:29 PM

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