executor duties/benes rights

What is the name of your state? California
Mom died three years ago leaving everything to our beloved stepdad of 30 years. Stepdad died about a month ago leaving everything to mom's four children and his one child, to be divided equally. so far so good. Stepdad's Sister is executor. she changedthe locks on the family home and told us we had no business there. (we had asked for a "comfort" visit because one sibling was here from out-of-state) Sister went through everything in the house, packing up things and taking all business and personal papers (plus mom's wedding ring) from the house. she then allowed mom's children in for a two hour period and told us to take what we wanted as this would be our only chance to be in the house and whatever we did not take she would be giving to charity or selling. We gathered photos and letters and went through some things. We ended up staying almost six hours. We asked for more time which she refused. Two weeks later she told us to be at the house at a certain hour and we could have another two hours. When we arrived, Sister's daughter had her pickup full of furniture and boxes. A dumpster was in the driveway and Sister was throwing away many keepsakes. We were told to "get what you want and leave".A family member had offered to buy the house but she would not discuss it saying she had to place the house on the market and she would take bids. (the estate is valued at less than $100,000.00, no probate) She did list the property and had the realtor call the family member. He had already rented another property. She has inferred that she is going to carry out stepdad's "wishes" rather than what the will states.(She infers that one child had "loans".We and the child have no knowledge of "loans" altho mom did give this child a lot of money along the way) How are the executor's duties monitered when there is no probate?What is our recourse when she has given away and taken items not agreed to by the heirs?Do the heirs have any rights? Does the fiduciary duty of the executor extend to civil treatment of the heirs?

How did the house escape probate? Did the deed specify one owner or multiple owners?

The executor does not have to be civil to any of the heirs. But the executor must carry out the written wishes of the deceased. If the will has not come out of probate, you should file protests, with the aid of an attorney. If the executor violates one of the stipulations of the will, you can also file after probate.

Sister tells us she was told by an attorney that there need be no probate due to the size of the estate. The "home" is a mobile home/coach if that makes any difference. If probate is, indeed, required and she has not done what is necessary to begin probate, then where is she? We never thought we would be able to do anything about her attitude.

Originally posted by cindy mullins
The "home" is a mobile home/coach if that makes any difference. If probate is, indeed, required and she has not done what is necessary to begin probate, then where is she? We never thought we would be able to do anything about her attitude.

There is still a title on the motor home. Not sure if it is registered under the Department of Motor Vehicles, but it should still be part of the testamentary estate, whether it was or was not mentioned in the will. The other heirs should demand to see the title, and whether there are co-owners or liens on it. The value of the asset has nothing to do with whether it is subject to probate. It has more to do with inheritance taxes. Probate involves a petition to the court requesting the appointment of an executor. Who is the lawyer anyway, My Cousin Vinny? Demand a written explanation from him/her documenting why it is not subject to probate, and then bring this to another Ca. attorney for review. Some assets may be passed to the heirs without letters of administration. Obviously, this is very tricky, and advice from your own attorney is always recommended. Have you and the other heirs signed a letter consenting to the appointment of the executor?

You should realize that probate is not cheap. Flat fees ranging from $3000 to $4000 are quite common.