Hayward, CA asked in Estate Planning for California

Q: There are 2 executors for my family's estate, one of them is dragging the situation.

Executor 1 is billing the estate whenever she is taking flights and purchasing other things. The whole family can not see how much she is charging the estate. The attorney for the estate is really only working with her and not to the wishes of our relative who has passed. Executor 2 is being kept out of the loop by the other and has no way of knowing what she is spending or her intent. Executor 1 has also forbid the family from keeping settimental items before the estate sale and has said if we want anything, we need to purchase it. We would like to know if there is something we can do to get her removed from being executor or if we can see exactly how much money has been taken out of our late relative's account.

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

A: A beneficiary can ask the executor for an accounting. If you are a beneficiary, ask that in writing and keep a copy. If you believe one or more of the executors is not performing his/her job properly you can petition the court for the executor to be removed. You should not do this on your own. Also that should be a last resort. First, the will or trust must be read carefully by an attorney who works in this area of the law to see exactly what powers the executor or trustee has and to see whether or not the executor is acting properly. Sometimes the executor or trustee is given discretion. It is strongly recommended you get a consultation on this matter.

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