CA_Beneficiary
Junior Member
What is the name of your state? California
Let's see if I can be as concise as possible:
Alcoholic Father met a woman who was also an alcoholic and he moved her into his home during the past few years. Father became gravely ill with Cirrhossis and his continued abuse along with the excessive drinking of his girlfriend alienated most of his sons. Father had a Living Will which created an educational trust account for his grandchildren's college education.
Because of the alienation between Father and Sons, Father named his nephew to be the Trustee/Executor of his estate. Six weeks before the Father died, he broke down and married his alcoholic girlfriend. This was 5 months ago.
Executor of the estate resigned a month ago without accomplishing a single task. New wife in house has been selling off items listed in the Trust and giving other items away to her own family members. New wife has also not been making mortgage payments on family home (family has owned this home for 35 years), and has made statements indicating her intent to have the bank foreclose on home to prevent sons from getting this home (deeded to the Father's Living Trust - so she can't get it).
Several weeks after the Father died, the Sons realized that the Executor was doing nothing, and they had been completely banned from approaching their family home. They hired a lawyer who spent weeks getting a copy of our Father's Living Trust, then more weeks wrangling with the Executor over his intent (resigning/not resigning). Finally, the Heir's Lawyer has contacted a Third Party Estate Management Firm to take over the functions of the original Trustee/Executor and a petition is being filed - 4 and a half months after the Death of the Father.
Question: What else can be done? How liable is the Executor/Trustee who did nothing? The new wife is hardly mentioned in the Living Trust - How much is she liable for if the heirs gain possession of the Father's house only to find it gutted? The sons have had their lawyer (specialty is Estate/Probate) in place for 3 months now and the most that has been accomplished is very little (obtain copies of Living Trust, forced Executor to state his intent to resign) - What is an average length of time these processes should have taken?
Just trying to get a baseline on the level of service seen so far from the Sons' lawyers. Any information or guidance would be greatly appreciated.
Let's see if I can be as concise as possible:
Alcoholic Father met a woman who was also an alcoholic and he moved her into his home during the past few years. Father became gravely ill with Cirrhossis and his continued abuse along with the excessive drinking of his girlfriend alienated most of his sons. Father had a Living Will which created an educational trust account for his grandchildren's college education.
Because of the alienation between Father and Sons, Father named his nephew to be the Trustee/Executor of his estate. Six weeks before the Father died, he broke down and married his alcoholic girlfriend. This was 5 months ago.
Executor of the estate resigned a month ago without accomplishing a single task. New wife in house has been selling off items listed in the Trust and giving other items away to her own family members. New wife has also not been making mortgage payments on family home (family has owned this home for 35 years), and has made statements indicating her intent to have the bank foreclose on home to prevent sons from getting this home (deeded to the Father's Living Trust - so she can't get it).
Several weeks after the Father died, the Sons realized that the Executor was doing nothing, and they had been completely banned from approaching their family home. They hired a lawyer who spent weeks getting a copy of our Father's Living Trust, then more weeks wrangling with the Executor over his intent (resigning/not resigning). Finally, the Heir's Lawyer has contacted a Third Party Estate Management Firm to take over the functions of the original Trustee/Executor and a petition is being filed - 4 and a half months after the Death of the Father.
Question: What else can be done? How liable is the Executor/Trustee who did nothing? The new wife is hardly mentioned in the Living Trust - How much is she liable for if the heirs gain possession of the Father's house only to find it gutted? The sons have had their lawyer (specialty is Estate/Probate) in place for 3 months now and the most that has been accomplished is very little (obtain copies of Living Trust, forced Executor to state his intent to resign) - What is an average length of time these processes should have taken?
Just trying to get a baseline on the level of service seen so far from the Sons' lawyers. Any information or guidance would be greatly appreciated.