Q: Executor is not following the simple will trying to garnish a portion of my grandfather’s portion of my grandmas estate
Hello I’m reaching out to you on behalf of my Grandfather. My family is in the middle of a probate case, case # 23PR194695 , in Santa Clara County involving my late grandmothers estate.
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- California
- (916) 704-3009
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- Answered
A:
It sounds like you’re facing a frustrating situation with the executor not following the terms of the will as intended. Executors are legally obligated to act in the best interest of the beneficiaries and carry out the wishes of the deceased as outlined in the will. If the executor is withholding or garnishing your grandfather’s portion, this could be a breach of fiduciary duty.
You may want to review the will carefully to ensure there’s no misunderstanding regarding the distribution of assets. If everything is clear in the will and the executor continues to act improperly, you can challenge their actions in probate court. It may be possible to request the removal of the executor if they are not fulfilling their duties.
To protect your grandfather’s rights, it’s important to stay proactive and seek legal advice. You’ll want to address this situation quickly to prevent any further issues or delays with the estate.
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