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Executor of Will problems California

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truckin

Junior Member
I have threats from my aunt to sue me saying she was not in her right mind when she picked me as executor.


I am the executor for my grandmothers will. note: My grandmother is still alive. ( she changed the will three times me being the last one. )

you may be thinking why the change three times and why to me?

1.the kids did not get along ( my grandma wanted to keep the peace between the kids, which did not work. )

2. the first aunt change due to a power trip. ( she was telling her sisters and brothers that she will board up the windows and give the house to a church so that no one gets anything.)

3. the second aunt change do to cancer and her sister (the first aunt) fighting with her about executor.

4. I am the one who has always been by her side through thick and thin when no one else was here and lived there own lives having fun.

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I am now 22 years old, I have lived with my grandma since I was a baby. My grandma is 87 years old and seems to be in good shape for her age. A little Alzheimer's in the past year ( in and out of it) and she is able to walk very little. I have been executor for the past 3-4 years, the doctor know she was fine then.



how many times have they took her to the doctors?

how many times have they cooked for her?

how many times have they helped her take a shower?

how many times have they helped her to the bath room?

how many times have they cleaned her bedding?

how many times have they have called 911 to save her life?

how many times have they gave her her meds?

Which one of them would sit by her side 24/7 a day?



I did this even when I was not executor.

I did this for free.

I did this because I love my grandma.

Where were they to be found? living there own lives. not caring to even call.


I can not believe how family members act in these situations. They are greedy and childish.
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It is getting hard for me to take care of my grandma by myself now. I stay with her 24/7 365, I never leave the house for anything. it is really not good for my health but she took care of me when I was young and I owe her to do the same.

My plans were to buy a cheaper house and have money left over to help pay for someone to help me take care of my grandma and then the money that is left in the end will be split for the siblings. ( I will never put my grandma in a home )

I know the greedy kids are going to dislike this idea to their benefit. Really, I have been saving them money all of these years, when she could of been in a home and all of her assets eaten away.



I need help with:

1. My aunt wants to sue me saying she was not in her right mind when she picked me as executor. Does she have any chance? what can I do to help me protect myself?

This aunt has taken my grandmothers I.d., credit cards and wallet because my grandma was buying my food. ( nothing else! ) She also stopped her bank account! so no one could pay the bills! my grandma had no i.d. to prove who she was! no bills could be paid, turned my grandmas A+++ credit for 70 years into bad credit!

The cops got involved and got her wallet/everything back from my aunt. My grandma said no to pressing charges, this would be years in jail. ( i would not want to see my aunt in jail either.)

This aunt also called abuse on me they came out to check and said there is no abuse! they also come unannounced once in awhile.


2.Will I be able to sell my grandmas house to buy a cheaper one and pay for help to take care of my grandma?


Thanks a bunch!:)
 


anteater

Senior Member
You are not executor. You are only nominated in the will to be the executor of your grandmother's estate. The court appoints the estate executor when your grandmother passes away and a petition to open probate is submitted to the court. That nomination in the will gives you no authority now, while your grandmother is alive. Therefore, it is silly for anyone to threaten to sue anybody about it. (That is not to say, that the aunt won't oppose your appointment as executor when grandmother passes away if you choose to ask the court for that appointment.)

So, the question is: under what authority are you acting on grandmother's behalf? (And, for that matter, how was the aunt able to "stop" grandmother's bank account?)

Do you, or does anybody else, have a Power of Attorney? Has anybody been appointed as grandmother's guardian?
 

truckin

Junior Member
thanks for the reply anteater


So, the question is: under what authority are you acting on grandmother's behalf? (And, for that matter, how was the aunt able to "stop" grandmother's bank account?)

I am her care taker and I just want to do what my grandmothers wishes are.

my grandma had my aunts name on the bank account and my aunt froze it somehow ( only money can come in nothing can go out. ) only way to fix it was to go in person with 2 forms of i.d. ( which she took! ).

My aunt was ok with me until she heard I was executor ( the very first day she heard is when she started this. In fact I just helped her move!) after she heard, she took the wallet, calling leaving hateful messages saying she is going to sue and called elderly abuse. basically she is trying everything she can and she is not hurting me, only my grandma.

Do you, or does anybody else, have a Power of Attorney? Has anybody been appointed as grandmother's guardian?[/QUOTE]

I am also POA.

no one is guardian.
 
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