Quote:
Originally Posted by Tobra
He is the executor, and has been very evasive about what is going on, has not provided a copy of the will until the last possible moment, like when he is legally compelled to do so. He denied that there was an inventory of the estate, which I think may be legally required, too.
He did give her a picture of a list of stuff she is supposed to get, including jewelry. The grandmother specifically told her she was to get certain items. Items the executor has apparently given to his kids. Fairly certain that is criminal, felonious depending on the value.
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Not my area of specialty so not intended as legal advice and I'm not licensed in California. Sorry but have to say it.
I'm not overly concerned about timing of giving copy of will. If there is a time limit then really any disclosure before that time expires is ok.
State specific on whether executor must provide inventory but usually it is controlled by the terms of the will and whether state law requires or leaves it up to the testator (deceased). But also usually if inventory is required it is for the probate court and not necessarily for the beneficiaries.
If Granny orally said, "this is yours when I die", most likely that has no real bearing. Otherwise anyone could come forward and make such claims. See next para though.
Executors are given wide latitude in closing out estates but must act within the bounds of law, the will (desires of the deceased as written out), and court instruction. A will may have specific bequests that is giving specific things to specific people, ie my Rolex Submariner serial 1234356 to my granddaughter MaryBeth Sims. Then ususally instructions on how divide up everything remaining to the listed beneficiaries or their hiers (which is when it can get complicated) like my 3 kids but if one of them dies then to his kids.
Then there is the large pool of everything else (the residual estate) and the executor is left to determine how to give it away or sell it. If sold then the $$$ goes in pot for remaining beneficiaries. IF his kids are not beneficiaries and he is giving them stuff the legitimate beneficiaries have a claim against him, which could be in his personal capacity. In other words, he could be forced by the court to pay for that out of pocket. Alternatively, if he is giving stuff to his kids then the court could deterimine that such was his share.
Legal counsel is certainly needed. You could file motion with court, or other pleading claiming he is not following the terms of the will or distributing properly, or managing poorly or illegally. If there is no requirement for an inventory, whether state law or by terms of the will, that could be ordered by the court if evidence is shown that he is not properly executing his duty and giving stuff to whomever he pleases.
Tread lightly. It is no coincidence that probate cases are Smith vs Smith. Meaning that this leads to bad blood usually.
Edit: if he is an attorney then I would certainly report to the State Bar once a court determines he is acting inappropriately.