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Want to sue for devastavit, poor executor management

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donluciano

Junior Member
https://forum.freeadvice.com
donluciano pimp

What is the name of your state? California

My story begins with the death of my grandma in 1996 i
which she left her house/money/belongings to
myself(grandson) and to my half sister
(granddaughter). My father was the executor of the
will and took care of everything until his death in
feb 2000. My father appointed my older half sister
executor of his will and trust. At the time my
fathers death, his mistress had occupied my grandmas
house and squated for several years. She'd
"voleentarilay" got rid of all my grandmothers
personal belongings (salvation Army) and took over the
residence. My sister still paid the water & power
bills etc, but did nothing to collect any rental
funds. I was told that my sister would handle the
eviction but after (2 )two years i realized i had to
do things myself.
I evicted the squatter myself forging my sisters
signiture for some paperwork to finalize things. I
evicted the tenent only, not pursuing any back rent or
wages. I Jus wanted her out , so i could rent the
place out. Unfortunatly i left "tenent approvals" for
future residence up to my sister who declined everyone
of my 4 possible candidates. At the moment ive
currently moved in a tenent/handyperson to rent the
house as well as make small fixes to at his discretion
for 6 months. The lease is specific as to specify
that the house is only 50% mine and 50% my sisters. Im
not sure as to either give here her money from the
renter and/or keep it until further

my grandmothers estate was split between us 50/50
house and money.
nothing was left to my father. He was only named as
executor.

my fathers will left my sister (1) 50% of (1) 3-unit
apartment building, (1) pickup truck estimated at 3k
and some money. I myself was left estimated 1 car
estimated at 15k, and some money
My sister is/was named executor and did a sh*t job of
takin care of things.
She sold my dads house before she put a tombstone on
his grave. AND THAT TOOK TWO YEARS!!


My sisters failed duties consist of

1. failure to account and retrieve all assets: there
are currently (2) active accounts in local banks which
have informed myself and my sister of there existence
($3500)
2.failure to collect any rent or compensation of the
tenent that was occupying the house. As well as take
any action to evict the non-paying tenent. My sister
has only paid the taxes and the gardener over the last
(4) years. This also includes negligence and no
attempt to keep the house in a condition that was/is
rentable
BASICALLY HAS DONE NOTHING FOR (4) YEARS ,EXCEPT PAY
THE TAXES AND THE GARDNER FOR 4 YEARS TOTALING (8)
YEARS
3. My sis has not giviin me and estate inventory,
taxes reciepts, copy of will, deed, she has hired a
lawyer only to speak/ and finalize paperwork
concerning my tennet at the co-owned property.

please gimme advice/
 


Dandy Don

Senior Member
First, check at the county courthouse probate court to find out what the minimum amount of estate value must add up to in total before a probate filing is required. It is possible that this estate might fall below the minimum amount required for probate filing, and that may be a reason why she hasn't filed it, but with the value of the apartment building it would seem this estate would require a probate filing. A more likely reason for her not filing is her laziness or perhaps she has tried to gain control of some assets without you knowing about it, or who really knows what her thinking is? I would tend to agree with you that it is her irresponsibility.

You should consider sending her a certified letter to ask for a copy of the will (you have a right to a copy if you are named as a beneficiary) AND to inform her that if she has not filed the will within 1 week's time, that you are going to file paperwork at the courthouse to become administrator/executor and get this estate opened up for probate, and perhaps that would force her to file it herself. Whoever becomes executor/administrator gets the legal authority to start claiming any and all assets (the bank accounts) and gets to pay for getting the deed changed to reflect the ownership by the new heirs. Perhaps you should be consulting with a local probate attorney to find out whether that would be a wise course of action for you to take, and also you could find out whether your sister's lack of responsibility is negligent as far as being an executor is concerned and whether this is grounds for having someone else serve in her place.

Are you saying that you have received nothing at all from your father's estate?
 

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