Can a Co-Executor/Trustee do this legally?

[MPaws]

Oregon, Living Trust in California

I posted a question before about a co-executor (sister) refusing to mail a willed check to me, she has since mailed it.

The problem is she will not mail some jewelry or a box of items and says it is not her responsibility as a co-executor/trustee to get our items to us (siblings).

She is requiring all of us to drive to another state to pick up a 2 boxes each and none of us are able to do it. She says that if we don't after a certain date...she will throw the items away (expensive jewelry) or charge us for storage.

Is that legal? How can I get her to ship my stuff...I told her I would pay for the shipping. But no go.

Can she hold my stuff hostage? Can she throw my belongings away? Do I have to hire an attorney or call the police to get my belonings?

Thanks in advance

 

[anteater]

I posted a question before about a co-executor (sister) refusing to mail a willed check to me, she has since mailed it.

Well... At least there is some sanity.

Can she hold my stuff hostage? Can she throw my belongings away? Do I have to hire an attorney or call the police to get my belonings?

Maybe someone more familiar with California can chip in with something more definitive... But the best I can come up with pertains to a probate/personal representative:

11754. Expenses of administration of the estate shall include
reasonable storage, delivery, and shipping costs for distribution of
tangible personal property to a distributee.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=11001-12000&file=11750-11754

All I can say is that, in every place I am aware of, it is understood that delivering items of personal property to a distributee/beneficiary would include shipping, if necessary, as a duty of the administrator and the cost of shipping as an administration cost.

Maybe try quoting Section 11754 to her, without mentioning the context (?).

You can try calling the police, but, with almost 100% certainty, I would say that they will not become involved.

 

[MPaws]

Thank you so much Anteater, I will post the link in an email to her and see if it has any affect.

I hope someone else chimes in as well.

 

[nextwife]

Send her a prepaid Fed Ex pac and return label to yourself.

 

[MPaws]

Thanks, sounds like a good idea.

 

[MPaws]

"The problem is she will not mail some jewelry or a box of items and says it is not her responsibility as a co-executor/trustee to get our items to us (siblings).

She is requiring all of us to drive to another state to pick up a 2 boxes each and none of us are able to do it. She says that if we don't after a certain date...she will throw the items away (expensive jewelry) or charge us for storage.

Is that legal? How can I get her to ship my stuff...I told her I would pay for the shipping. But no go."


I contacted the estate attorney asking if the co-executor can hold my stuff hostage...the next day my sister emailed me that she is mailing my boxes HA!

She said "don't email the attorney again, she charges 200.00 for each of my questions".

I told her I don't believe she did, she never told me she would charge me for questions about the estate when she clearly wrote, contact me if you have any questions...how can I know if she truly charged the estate 200.00 each time I asked her a question?

Oh well...at least she's shipping my boxes now instead of making me drive 1200 miles.

Thanks

 

[LdiJ]

"The problem is she will not mail some jewelry or a box of items and says it is not her responsibility as a co-executor/trustee to get our items to us (siblings).

She is requiring all of us to drive to another state to pick up a 2 boxes each and none of us are able to do it. She says that if we don't after a certain date...she will throw the items away (expensive jewelry) or charge us for storage.

Is that legal? How can I get her to ship my stuff...I told her I would pay for the shipping. But no go."


I contacted the estate attorney asking if the co-executor can hold my stuff hostage...the next day my sister emailed me that she is mailing my boxes HA!

She said "don't email the attorney again, she charges 200.00 for each of my questions".

I told her I don't believe she did, she never told me she would charge me for questions about the estate when she clearly wrote, contact me if you have any questions...how can I know if she truly charged the estate 200.00 each time I asked her a question?

Oh well...at least she's shipping my boxes now instead of making me drive 1200 miles.

Thanks

Yes, its very likely that the attorney charges for any time spent on the case, which includes answering questions.