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A conflict between the beneficiaries and the executor

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andy98

Junior Member
California

Hi,
My question is that a close relative of mine had a will, and after his death the will was to be divided to 5 persons (including myself).
the will mentioned (It is my intention by this will to dispose of all property over which i have the power of testamentary at the time of death) also i give all of my estate in trust to the trustee of that trust entitles (X family trust) executed by myself as trustorand myself as trustee earlier this date, to be administered and disposed of in accordance with the provisions of the trust including any amendments to the trust.
I want to add here that me and another relative (we are 2 from the 5 beneficiaries that are having this same problem) we are not a US citizens and we are not living in the united states which make it difficult for us to communicate and get any real information.


Another thing, he had in his work a saving plan for retirement where long time ago (before writing the will) had put the benificient of it if he died before being on retirementto 3 persons only from the five persons of the will. And this saving will be sent directly to the benificiant and not through the executor.

Accidently i knew that the executor had a case on probate court to add the money of this savings to the will but he failed, he even didn't tell us about this matter, now he is telling us that he will divide this money by five from the money of probate directly and that this is how it will be done, what shall i do?
Second question how can i be sure that it is really mentioned in the trustee that the estate is to be divided by 5 and not anything else (as there is lack of trust here) (i only got a copy of the will from the lawyer and not the trust).
Third is there a limit for the time in which the executor has to finish the job, for selling the house and finishing all other stuff, coz more than 1 and a half years passed now and i received nothing nor is the house put on sale as he mentioned that prices now are low.
Fourth there was a sum of money that my relative was investing with some sort of person or company i don't quite know and at first our relative told us that this money will be divided by 5 when he put his hand on it, now is mentioning that the person who is investing this money is filling a bankrupcy, i don't know how i can do anything about this matter while i don't even had any information about where this money really is, i might only get to know the name of the person who is investing this money.
Finally i don't have any specific information about his accounts, his stocks, mutual funds i was told that he as the executor is the beneficiary of his accounts and stocks have another beneficiary.

I hope i got my point delivered clearly and i really hope to get an answer, and i am sorry if i can't get my point in a good way but being not a US citizen so i don't really know the laws and how things go there and sorry for talking for so long but i really feel lost. thanks in advance.

--------------------------------------------------------------------------------What is the name of your state (only U.S. law)?
 


anteater

Senior Member
Andy - You asked this (or something very similar) previously. And you received this response from tecate:

Even though this is a do it yourself website, it appears that you need someone on the ground here to look after your interests.
If you are not going to spend an extended period of time in California (where, apparently, this is taking place) or have someone there to represent your interests, you will be spinning your wheels.
 

andy98

Junior Member
Thanks for your reply

i am trying to find some other opinions and a track i can follow as it is obvious that i don't know any persons to help me on the ground and it is not easy to get a US visa these days to spend extended time in california, and i know i most probably will be going to need a lawyer to help me in getting things done the right way, thats why i am trying to see some more opinions to start create a vision to how to start and things i can get help in.
 

andy98

Junior Member
Shall the house get in the probate

And is it also a problem that the house was not mentioned in the probate which was already filed and finished and contained only life insurance money and some other little amount of money that made around 100000$, i didn;t object at that time thinking that the probate is only for the money that was not mentioned in the trust which i didn;t even see. Am i in a problem now.
I want to add also that the executor is a relative and i don't want to cause a real problem unless i am sure there is something wrong
 

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