What Are Executor Requirements of Disclosure to Beneficiaries of an Estate?
My brother is the executor of our late father's estate (of which I am a beneficiary). He died in Feb of 2007. Most of the funds from the estate have been disbursed at this point except from the sale of the house. The house was finally sold in April of this year, though my brother didn't even tell me. Generally speaking my brother has been slow to handle the estate and I am still waiting for the final disbursement for the sale of the house. I have also requested more than once an accounting from him and also will and trust documents but he has either ignored my requests or refused. Is he required to send me these documents as a beneficiary of the estate?
Yes, under the California Probate Code your brother as the executor has the obligation to provide you with certain information regarding the estate. Among these items can include a copy of the will or trust, and an accounting of the estate assets and expenditures. Although he may only be required to provide you with periodic statements, at a minimum it is has to be once a year. Many times the frequency of the accountings will be specified in the will or trust. You can send him a written request under Probate Code section 16061. If he refuses or if you find that there has been some misappropriation of estate funds, then I recommend you get an attorney to go to court and demand the information. In some cases, the executor will be personally liable for misappropriating funds.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com and retain an attorney to represent you.