California Executor executor of a probate estate gifts to agents gifts to power of attorney Sued by a Trustee Sued by an Executor

Sued by an executor or trustee in California for a gift you received from an elder or disabled?

If you have received any asset from an elderly or disabled person in California, chances are you are sued or will be sued by an executor or trustee in Ca.    California has one of the most protective laws, protecting the elderly or disabled from friends and family whose actions become self-serving.

If an elderly or disabled person has lost an asset to someone who promised to care for him, there are several chances where the recipient of the asset can get sued:   1) by the owner of the property; 2) by the executor of his estate, if the owner is deceased; 3) by his trustee; and even 4) by his agent under a power of attorney or his conservator.   Any of those people can file an action to recover the assets of the elderly or disabled person under the elder abuse laws, and Probate Code 850 actions.

Gift recipients who do not adequately protect themselves, by contracts prepared by attorneys, and where the elderly or disabled is unrepresented, have the largest risk.     Further, gifts by fiduciaries (agents under power of attorney, trustee, executor, or conservators) of any sort or to fiduciaries or their families are looked at with great disdain by California courts.

How do you fix it?

Before you are sued, have the agreement reduced to a writing were both parties are represented.  Be sure that the consideration is adequate, and that performance is done.

After you are sued, run to mediation and settle the matter to avoid hundreds of thousands of dollars in legal expenses.

With a little creative settlement work, this type of case can be resolved.  Call us for a referral to competent counsel who can assist you.


Ca Probate California Change an Executor in California Executor executor of a probate estate How to Change an Executor in California

What happens if an executor dies in the middle of probate in California?

If an executor dies in the middle of a probate in California, he or she needs to be replaced with another executor.


  1.  Is there another executor named in the will?  If yes, that person can petition the court to be appointed, due to the death of the former executor.
  2. If there is no alternate executor named in the will, a Special Administrator can be appointed to complete the tasks of the deceased executor.
  3. Who can become a special administrator?  Any interested person can become a special administrator.
  4. Does the new special administrator need to be bonded?  Generally, yes, unless the only asset of the estate is real property.
  5. How much does it cost to change the executor of the will, of the executor has died?  Generally, special administration services are done on an hourly basis.  If there is no litigation, the procedure may take 10 hours, which includes preparation time, and the court appearance.


If an executor of the estate has died, you can use our forms to replace him yourself.  If you need legal advice regarding the forms, or need attorney consultation, you can ask us to assign you an attorney, who can sign a limited fee agreement with you for those special purposes.

Getting advice regarding removing and changing an executor is very valuable to the success of your case.   Email us on how to change an executor in California to


California executor of a probate estate How to Change Executor of an Estate WHAT IF AN EXECUTOR IS APPOINTED BUT BECOMES INCOMPETENT IN CALIFORNIA?

How to Change Executor of an Estate in California?

You can change the executor of an estate in California, in several ways, depending on when you desire the change.


An executor can be changed in a will, by the creator of the will, by signing a new codicil, or a new will which names a new executor.


If the person who signed the will is deceased, then changing a person who is nominated in the will as the executor, has to take effect in a couple of different ways.   If the named executor declines to act, and signs a declination, the next named person in the will can be appointed as the executor.  If there is no one named in the will as an alternate executor, a relative can petition the court to become the administrator with will annexed.  This means, the executor is different, but the terms of the will are respected.


If an executor has been appointed to act in a California probate case, but becomes incompetent, the person named in the will after him, can ask the court to be appointed.  If there is no one, a special administrator can be appointed to act as the alternate executor.

To find out more about changing an executor of a probate estate, contact us at