QUESTION
What to do when the executor of an estate fails t I do the job correctly
Asked on Jun 04th, 2021 on Wills and Probate - California
More details to this question:
My sister is the executor of my moms estate. The will states that the house should be sold and split 5 ways between my 2 sisters my 2 sons and myself. My oldest son and his girlfriend and her 2 children are living in the house rent free. My sister wants him to be able to buy the house. Which would be fine if he can. My issue is that the final distribution date had been set for may 2022 and I think that his girlfriend at least should be paying rent. The place us a mess and as far as I can tell the value of the house is and will continue to go down as long as they are there. My sisters position on this is that shes the executor and its her decision.
1 ANSWER
2 Awards
Your description does not give the date on which the Court appointed your sister executor. A number of months after her appointment (it varies from state to state), any beneficiary is permitted to demand an accounting. If that accounting shows wastage of the estate (by not collecting rent and by not promptly selling the house), you can ask for the executor to be replaced, evict the squatters and sell the house. Please consult a local probate attorney.
Answered on Jun 05th, 2021 at 5:14 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.