Executor Taking Her Sweet Time (California)

[davethewave]

My sister and I are beneficiaries of my diseased mothers will. She passed away 2 years ago. My sister is executor. It seems to me she is dragging this along. I've hired 2 attorneys so far that didn't solve anything. Should I go to the courts and file a complaint (or something)

 

[Taxing Matters]

There isn't enough information here to know what the problem is. The executor has the responsibility to keep things moving along. In my state the remedy for being generally slow all the way around is to file a motion to remove the executor and appoint someone else to the job who will be more attentive to moving things along. If it's just one or two specific things that the executor needs to do that have not been done, typically I'd file a motion with the court to compel the executor to get it done. Your lawyers should have had some ideas of how to prod her to get things done if the problem is with her. If the problem is that a government agency, bank, etc., are slow, that might be a problem that she can't do a whole lot about.

 

[zddoodah]

We have no way of assessing this because you provided no relevant facts other than the approximate length of time since your mother died. While two years is longer than most estates remain open, it's hardly so long to suggest an obvious problem. Please answer the following questions:

1. What was your mother's date of death?

2. What was the date on which your sister filed a petition to probate the estate?

3. What was the date on which the court issued the order appointing your sister executor of the estate?

4. Following your sister's appointment as executor, did you receive a copy of the inventory and appraisal of the estate?

5. How many accountings have you received from your sister?

6. Is your sister represented by an attorney?

7. What is the approximate value of the assets in your mother's estate?

8. Does your mother's estate include real property?

9. You mentioned that you had hired two attorneys. What did they tell you is the issue with the estate?

 

[AlmostThere]

It can take a long time to settle an estate. Especially if the deceased owned property, or businesses, has complex trusts, debts to pay, etc.

What did the lawyers tell you? What had your sister told you?

 

[cbg]

It took between two and three years to settle my mother in law's estate. Two years isn't really out of line.

 

[davethewave]

We have no way of assessing this because you provided no relevant facts other than the approximate length of time since your mother died. While two years is longer than most estates remain open, it's hardly so long to suggest an obvious problem. Please answer the following questions:

1. What was your mother's date of death?

2. What was the date on which your sister filed a petition to probate the estate?

3. What was the date on which the court issued the order appointing your sister executor of the estate?

4. Following your sister's appointment as executor, did you receive a copy of the inventory and appraisal of the estate?

5. How many accountings have you received from your sister?

6. Is your sister represented by an attorney?

7. What is the approximate value of the assets in your mother's estate?

8. Does your mother's estate include real property?

9. You mentioned that you had hired two attorneys. What did they tell you is the issue with the estate?

 

[davethewave]

Thank you for taking the time to reply. This is the best I can answer your questions at this time:
1) October 2022
2) N/A
3) N/A
4) Should receive in a couple days as per sisters attorney
5) None
6) Yes
7) About a little over 1 mil
8) 2: Her condo (which has been sold) and a house that I live in
9) No issues

The issue that I have is I am to get the house (which WAS paid for) but she borrowed 300k on it and says I have to continue making the payments. She still had about 200k left at the time of her death. Im getting social security and a mortgage will make it very tough to survive. Here's the letter from my sisters attorney:

Mr. Larsen says he no longer represents you, so from now on I will send all legal correspondence to you, by mail, and regular items to you by e-mail. You are always welcome to call me, but you may prefer to use e-mail for any specific items.
I am today putting in the mail to you a copy of the Probate Referee's Inventory/Appraisement, which is required in order to verify and value the decedent's estate assets as of the date of death. It is now filed with the court, and will be used from here on.Please review it, and note that the Referee valued 1209 Hargrove at $550,000...which will be your tax basis for the property after it is distributed to you when the estate closes.
We will now prepare and file a Petition For Distribution, Upon Final Accounting, and you will
be sent a copy of that by mail, and will have the right to appear in court to contest it if you wish. The accounting which will be filed will show all income and expenses since your mother's passing, and a final amount will be determined available for distribution after all fees and costs which the court approves are paid. The final distribution will then be ordered as determined by the specific terms of Melba's Will, and the Hargrove property will be specifically distributed to you, also per the Will. After allocating the Will's $250,000 Specific Bequest to Lynette, all remaining cash will be evenly split between you two except that your one-half will be reduced for all post-death costs attributable to the Hargrove property(all of which have been paid by the estate, and will be itemized for the court) and for all of the cash advances to your 1/2 share during probate, and possibly for the attorney's lien for unpaid fees which your previous attorney reportedly filed against your share of the estate. When and if those debits are determined, we will know exactly how much cash you will receive at the time of final distribution.....my present "guess" is that some $200,000 in cash should be available, on a net basis, for distribution to you(the estate cash is earning good interest, and is thus accumulating).
I cannot yet say when we will finally qualify fo final distribution...and when you would then be eligible for your inheritance...but it certainly should be by sometime this summer.
That is it for now.
Respectfully,

So, the house is worth 500k my sis gets 250k of it and I'm betting they are taking away 500k from my share of the estate saying I'm getting a 500k house. Hence the reason I'm only getting 200k out of a million dollar estate. Sure, plus a house. With a mortgage. But why should my sister get half of the 200k left over from the loan that i have to pay off?
More later.

 

[LdiJ]

Based on that timeline, it has not been two years, it has been 15 months since your mother died. That really isn't long enough to be a significant issue.

As far as the mortgage on the house is concerned, I am uncertain just who took out the loan on it since you said "she". Hopefully it was your mother and not your sister. It may be that you will need to sell the house and find alternative accomodations if you cannot afford the mortgage. If your mother owned the house she had every right to take a loan out on it, and your ownership of the house would be subject to the mortgage. If somehow your sister managed to take a loan on the house, then you might have some recourse.

 

[zddoodah]

2. What was the date on which your sister filed a petition to probate the estate?
3. What was the date on which the court issued the order appointing your sister executor of the estate?

2) N/A
3) N/A

Based on these two responses, your statement that your "sister is executor" of your mother's estate cannot be correct. Therefore, either that statement isn't correct or your responses to the questions aren't correct. Based on the text of the attorney's letter that you quoted, it's the latter.

I am to get the house (which WAS paid for) but she borrowed 300k on it and says I have to continue making the payments.

"She" being...your mother? Your sister? If the house is in your mother's name, then your sister cannot have borrowed money against the house, so I'll assume you're talking about your mother. Who has been paying this mortgage since your mother died in October 2022? If the answer is no one, then at what stage are the foreclosure proceedings? The executor would have the duty to use estate assets to pay the mortgage (to the extent possible). Whether you ought to step in and make payments is a decision only you can make.

I suggest you go down to the courthouse where the probate is happening and make copies of the documents in the case file. Then find a local probate attorney to assist you. At this point, the only thing anyone here can legitimately tell you is this:

Based on that timeline, it has not been two years, it has been 15 months since your mother died. That really isn't long enough to be a significant issue.

And this is even more true if, as you said, an inventory and appraisal is to be sent within the next few days. It's entirely likely that your sister didn't file to probate the estate until January of 2023, and the I&A is being served around the one-year anniversary.

 

[zddoodah]

Here's your question from the new thread you started, which has since been locked by the mods:

"California Mom died oct 2022. I've asked for the accounting a dozen times but get nothing. What should I do?"

Chapter 2 of Part 8 of Division 7 of the California Probate Code provides the rules for when accountings are required.

In my first response above, I asked you when your sister filed a petition to probate the estate and when the court issued the order appointing your sister executor of the estate. You responded to both questions with "N/A." However, I then pointed out that these responses are inconsistent with the text of the attorney's letter that you quoted in your response #7. You didn't return to this thread to address this, so we are left in limbo without knowing relevant information.

As you can see from the link I provided, an accounting can be ordered by the court upon motion by an interested party. However, if it hasn't yet been at least a year since the letters testamentary were issued, the court might not grant the order. AND, if your "N/A" responses are, in fact, correct, then (as I explained previously) your sister is not the executor and has no obligation to account for anything.

 

[davethewave]

Update : This case has been in probate at least 14 months (mom died oct 2022). I've requested the accounting numerous times and they still haven't responded. I'll be going in to ask the court to compel.