Orinda, CA asked in Estate Planning for California

Q: What happens when some of the executors of a will/trust do not distribute money in accordance to the will/trust?

What happens if executors do not follow the wishes of the deceased that was clearly laid out in the will / trust? Meaning some folks got less when the will / trust clearly stated all to be divided equally.

Help me please

Thank you

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3 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: IF it’s not too late, you should hire trust or will litigation attorney to help you. There are remedies for this sort of thing but if you wait too long you lose your right to contest these actions. Do not delay.

Chris M. Bradford and Zaher Fallahi agree with this answer

Genene N. Dunn
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Genene N. Dunn
Answered
  • Estate Planning Lawyer
  • Tustin, CA
  • Licensed in California

A: All beneficiaries have a right to a full accounting which should show all assets and values held by the trust or estate, all money that came in, and all money that went out. If the accounting shows a disparity then you can file a petition against the trustee or object to the accounting. You can also demand an accounting if one was never produced.

Chris M. Bradford agrees with this answer

1 user found this answer helpful

Chris M. Bradford
Chris M. Bradford
Answered
  • Estate Planning Lawyer
  • Santa Monica, CA
  • Licensed in California

A: As you may know, the executor is in charge of following the will and a trustee is in charge of following the instructions in the trust. Many times they are the same person. First you must put your objections to the distribution IN WRITING to this person. Better to send a certified letter than to just send an email. In that letter demand an accounting and point out what you think the problem is. If the executor/trustee has an attorney, send the same letter to the attorney. If he/she does not have an attorney, put in your letter: "I strongly recommend you take this to your attorney." If the executor/trustee takes it to an attorney and the attorney sees that everything was done wrong, the attorney will be telling them to get it fixed. And because his or her own attorney is telling them to fix it, it has a better chance of getting fixed without going to court. However the last resort is to take it to court. For this you need an estate attorney who goes to court, i.e. litigation. Not all estate attorneys go to court. Some limit their practice to preparing documents.

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