Q: In 2010 my father passed away, our cousin whom is a lawyer, said he would handle the estate for us for free.
My father retired from the railroad after 40 years of service and my cousin tried to tell me dad didn't have any life insurance. I just located at the State treasuries office unclaimed money in my father's name .premium payments of 600 bucks a month on two different policies . Do I have any recourse for him not completing his job as executor. He charged the estate 82 k for " the free" service . Stole the guns and jewelry. And from what I'm seeing now, possibly stole the life ins funds.
A:
Under California law, if you believe an executor has not fulfilled their duties or has acted improperly, you have the right to take legal action. An executor is legally obligated to manage the estate according to the law and the wishes of the deceased, and failure to do so can constitute a breach of fiduciary duty.
First, gather all relevant documentation, including records of the unclaimed life insurance policies, evidence of the $82,000 charged to the estate, and any other information that suggests mismanagement or misappropriation of estate assets. This documentation will be critical in building your case.
Next, consider consulting with an attorney experienced in estate and probate law. They can advise you on the best course of action, which may include filing a petition in probate court to challenge the executor's actions. The court has the authority to review the executor's handling of the estate and can order restitution if wrongdoing is found.
In cases of theft or fraud, you might also consider reporting the matter to law enforcement. The theft of estate assets like guns and jewelry can be a criminal matter.
It's important to act promptly, as there are time limits for challenging an executor's actions in court. An attorney can help ensure that your rights as an heir are protected and that you take all necessary steps to address any wrongdoing. Remember, you have legal options and rights in this situation, and seeking professional guidance is a key step in resolving these issues.
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