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Executors neglecting to report assets

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waitinforbeaver

Junior Member
What is the name of your state? calif...Hello executors (sibs) have not been appearing at probate hearings & this last one again a no show, the court requested they provide closing bank statements at this last hearing,it's now continued till oct, i just found out mom was heir to a trust that executors neglected to mention in accounting documents,
If i can provide proof they were aware of this trust prior to their accounting of the estate, can i get them removed as executor? would that be considered illegal..or just immoral.. Thank You.
 


Dandy Don

Senior Member
What excuse do they or their attorney have for not appearing in court?

Ask at the courthouse if an executor's bond has been posted for this estate.

Is this your mother's estate being probated?

What type of trust is it that names your mother as a beneficiary and when is her estate supposed to receive the money?

Their not reporting of this item in itself may not be enough to get them removed as executor, especially since they could simply lie and say that it was an honest mistake or plead ignorance.

DANDY DON IN OKLAHOMA ([email protected])
 

waitinforbeaver

Junior Member
yes it's been going thru probate nearly 3 yrs..they only appeared at one hearing as a result of me attending & standing up to speak with judge to inform him of the situation, cuz the judge was a bit confused himself so he ordered them to appear, what resulted was their lawyer filing documents & was over very quick & since i'm not an executor i could'nt say anything.
I asked on a prior occassion here about my aunts will & obtaining a copy of it cuz i believe she left my mom as executor of her estate, they've only put mom's home in their accounting of the estate nothing more, the trust is ready to be disbursed among the heirs at present time & mom being one of those heirs,executors are unaware that i know this trust exist's..Thank You.
 

Dandy Don

Senior Member
Did you ask verbally (which doesn't count) or by letter?

The trust is a separate matter outside of probate and thus there is not necessarily any need for them to report about what mother is going to get.
 
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