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Removing executors of the estate

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S

shareon

Guest
What is the name of your state? calif. :cool:
This is a complicated issue but i'll try & keep it simple...my mom has been heir to a family trust which was set up in 1979 after the sale of a 500 acre cattle ranch, which belonged to her uncles in the santa ynez valley & sold for 1 million dollars, long before michael jackson ever dreamed of his neverland ranch location our family settled there in 1906. This million dollars was put into a trust account at BofA & collecting intrest among other things for over 20 yrs, in our uncle's will he stated this money will remain in trust untill his second wife mary has passed away, who would be living on a portion of the intrest untill her death & mary passed away aprox 7 months ago.
My mom is one of the three heirs to this trust & my mom also passed away dec 2001, which in turn make's me & my sibblings her heirs & next in line, my brother & sister are executors to her estate & nearly 3 yrs later are giving the probate court an accounting. This accounting of her estate only includes
her home as the only real asset & nothing else, once mary passed away the trust belongs to the heirs which includes my mother, my brother & sister intentionally waited nearly 3 yrs after my mom's death to handle the probate issue, while waiting for mary to pass away & gain control of this trust.
If they completed the process prior to mary's death the bank would continue to handle the trust & distribute the money to each of the heir's themselves,
but now i believe they release the funds to the executor of mom's estate & expect them to distribute these funds. By intentionally failing to disclose this information in the accounting of mom's estate, they are attempting to exclude me & my brother from the trust money that has been collecting intrest since 1979 & i'm sure it's several million by now.
Probate court is this friday & i've been told the accounting process is like (''speak now or forever hold your peace'') so if i don't file an objection & the process is completed i have no legal right to any portion of the trust money. IF I CAN PROVE TO THE COURT THE EXECUTORS INTENTIONALLY EXCLUDED THIS INFORMATION IN AN ATTEMPT TO EXCLUDE ME FROM THE TRUST MONEY, CAN I FILE A REQUEST TO HAVE THEM REMOVED & HAVE THE COURT APPOINT AN EXECUTOR IN THEIR PLACE? WHAT ARE MY CHANCES!!
Sharon.
 


BelizeBreeze

Senior Member
Listen, this may sound harsh but since you waited this long and court is friday, you need a 'Come to Jesus' meeting with yourself right NOW!

Why have you NOT contacted a probate attorney in your area to look into this matter BEFORE now? If you don't have one now GO TODAY!

There is no way we can advise you on documents we can't read. At the minimum, at the accounting hearing, an attorney will be able to ask for a postponement to bring the Trust issue before the court but at this late date that's iffy.
 
S

shareon

Guest
to little to late?

I guess most people want to feel they can trust whoever a parent leave's in charge, i must admit i have no understanding of the probate process & ignorance is no excuse, i was just made aware of the current situation & i plan on attending the hearing, so am i to understand it's too late for me to object to what's been left out of the documents relating to assets.
Sharon
 

Dandy Don

Senior Member
No, it may not be too late for you to object, but only your probate attorney can tell you for sure, and you need to be talking to one RIGHT NOW, BEFORE YOU ATTEND THE HEARING so you can get some insight and advice on what to expect and how to proceed. THIS IS SOMETHING YOU SHOULD HAVE BEEN ASKING ABOUT WHILE YOUR MOTHER'S ESTATE WAS BEING PROBATED!!!
 
S

shareon

Guest
yes i did get an attorney yesterday & i'm just suppose to meet her in court friday, i was'nt really made aware of the situation till just a couple day's ago, the attorney was curious why it's taken nearly 3 years to proceed with the probate process from what appears to be such a small estate & ive been living in my mom's house now nearly 3 years.
Executors have been waiting for the goose who layed the golden egg to pass away, i believe to have the trust signed over to them but they've made no mention of it in court documents.
 
S

shareon

Guest
for dandy don..

Don..if they knew of this information and neglected to add it into the accounting of the estate, would that be enough to have them replaced with a court appointed executor? i would think it would be illegal. I won't be seeing the attorney till friday morning... Sharon.
 

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