Q: What happens if the executor of my mother's will does not return the overpayment of her pension?
My sister is the executor of my mother's will. There was a one month overpayment of her OCER's pension of $3,268.06 on 7/01/2018
She is not responding to OCERs or me. (her brother) I'm the benificiary of the one-time lump sum burial benefit. Do I have standing to take her to small claims court? OCER's will not pay out the benefit until the overpayment is paid back.
A:
Dear Walnut California:
You did not mention whether or not your Mother's estate is going though probate with the courts.
If this is in the Probate Court, you can petition the court for an order requiring her to make the repayment. If she does not, the court can remove her as executor and put you in her place. And, the court can surcharge her for any damages. (Reduce her share of the estate in an amount equal to the damages and have that sum distributed to the other beneficiaries.)
Because probate is a complex legal process, you should discuss this with an experienced probate attorney. A good place to start is you local county bar association. Most local bar associations provide attorney referrals where, for a small or no fee, you receive a consultation. (In my home county, it is $35 for a 30 minute consultation.)
Best of luck.
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