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A conflict between executor and the beneficiaries

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andy98

Junior Member
California

Hi,
My question is that a close relative of mine had a will, and after his death the will was to be divided to 5 persons (including myself).
the will mentioned (It is my intention by this will to dispose of all property over which i have the power of testamentary at the time of death) also i give all of my estate in trust to the trustee of that trust entitles (X family trust) executed by myself as trustorand myself as trustee earlier this date, to be administered and disposed of in accordance with the provisions of the trust including any amendments to the trust.
I want to add here that me and other relatives are not a US citizens and we are not living in the united states which make it difficult for us to communicate and get any real information.


Another thing, he had in his work a saving plan for retirement where long time ago (before writing the will) had put the benificient of it if he died before being on retirementto 3 persons only from the five persons of the will. And this saving will be sent directly to the benificiant and not through the executor.

Accidently i knew that the executor had a case on probate court to add the money of this savings to the will but he failed, he even didn;t tell us about this matter, now he is telling us that he will divide this money by five and that this is how it will be done, what shall i do?
Second question how can i be sure that it is really mentioned in the trustee that the estate is to be divided by 5 and not anything else (as there is lack of trust here) (i only got a copy of the will from the lawyer and not the trust).
Third is there a limit for the time in which the executor has to finish the job, for selling the house and finishing all other stuff, coz more than a year passed now and i received nothing nor is the house put on sale as he mentioned that prices now are low.
Fourth there was a sum of money that my relative was investing with some sort of person or company i don't quite know and at first our relative told us that this money will be divided by 5 when he put his hand on it, now is mentioning that the person who is investing this money is filling a bankrupcy, i don't know how i can do anything about this matter while i don't even had any information about where this money really is.

I hope i got my point delivered clearly and i really hope to get an answer, and i am sorry if i can't get my point in a good way but being not a US citizen so i don't really know the laws and how things go there. thanks in advance.
 
Last edited:


tecate

Member
Even though this is a do it yourself website, it appears that you need someone on the ground here to look after your interests.

Seems like the savings plan should go three ways, not five. Look at the beneficiary designation.

You are entitled to a copy of the trust. Ask for one.

If the executor\trustee improperly invested the $$$, he or she might be personally liable for a surcharge.
 

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