Q: Can an executor do anything that is not listed in a will? Can the lawyer that created that will?
Attorney hired create trust/will allegedly required executor of said will/trust to freeze all devices (phone, laptop) after will/trust was read with advisement to power of attorney & executor
A:
An executor in California is bound to follow the instructions laid out in the will. They do not have the authority to take actions not specified unless those actions are necessary to carry out the terms of the will or are permitted by law. This means any actions outside the will's scope generally require court approval.
The lawyer who created the will does not have the authority to enforce actions not stipulated in the will, such as freezing devices. Advising the executor to do so may not be legally binding unless it is a measure to protect the estate's assets or information, and even then, it should be explicitly stated in the will or supported by legal grounds.
If there are concerns about the executor's actions or the lawyer's advice, it may be beneficial to seek legal counsel to ensure the will is being executed properly and in accordance with California law. You have the right to question and, if necessary, challenge actions that seem beyond the authority granted by the will.
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