Category: Executor

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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.

 

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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.

QUESTIONS TO ASK ABOUT A DECEASED 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.

CAN I CHANGE THE EXECUTOR OF THE ESTATE MYSELF?

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 Info@SelfHelpProbate.com.

 

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California California Executor of Estate Executor Executor of Estate Priority to be Administrator Priority to be Executor

What is a executor of an estate?

What is an executor of an estate?   An executor of the estate in California  is a person appointed by the probate court who manages the assets of a decedent’s estate, and who is given the duty to distribute those assets by the terms of the will.

What is the difference between an executor and an administrator?  An Executor is usually named in a will.  An administrator is a person who is not named in a will, but who asks the court for permission to become the fiduciary who will manage the assets of the decedent, and who will distribute them to the decedent’s lawful heirs in probate.

Who can be an administrator in California?  Any person who can get bonded can be an administrator in California.  These include family members, friends, a professional fiduciary, as well as the Public Administrator.   A person who is in a divorce proceeding with the decedent at death, is not suitable for this purpose.   There is a list of persons with priority in the California Probate Code 8461.

Order of Priority of appointment of Administrator in California:

First, ask yourself whether you want the responsibility of becoming an executor of an estate.

Subject to the provisions of this article, a person in the following relation to the decedent is entitled to appointment as administrator in the following order of priority:

(a) Surviving spouse or domestic partner as defined in Section 37.

(b) Children.

(c) Grandchildren.

(d) Other issue.

(e) Parents.

(f) Brothers and sisters.

(g) Issue of brothers and sisters.

(h) Grandparents.

(i) Issue of grandparents.

(j) Children of a predeceased spouse or domestic partner.

(k) Other issue of a predeceased spouse or domestic partner.

(l) Other next of kin.

(m) Parents of a predeceased spouse or domestic partner.

(n) Issue of parents of a predeceased spouse or domestic partner.

(o) Conservator or guardian of the estate acting in that capacity at the time of death who has filed a first account and is not acting as conservator or guardian for any other person.

(p) Public administrator.

(q) Creditors.

(r) Any other person.

The order of priority has some limitations which is set in the California Probate Code.

If you need attorney advice regarding your rights to become appointed as an administrator or executor of a decedent’s estate in California, Email us at: Info@SelfHelpProbate.com