Can I sue the executor in charge of my estate if I feel they are abusing their power?

My estate is past probate. At this point I am waiting to come of age to recieve my inheritance. I have approximately 20 months left until that point.

Asked on June 23, 2012 under Estate Planning, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

I am somewhat confused about what is going on here, but let me take a shot at it.  It isn't YOUR estate, it was someone else's estate and your the beneficiary (or one of them) because they are dead.  There is language either in a trust or a will indicating that a certain amount of time must pass before you are entitled to the fruits of the dead person's estate.  

If you need financial help in the meantime you can ask a probate court to grant you an allowance for very specific reasons. 

If you think the executor is abusing their power, you need to read the will or trust and see what it is they are asked to do.  They are only abusing their power if they are doing things the will does not grant them the power to do.  Generally trusts and wills give trustees/exectors very broad powers including the power to sell property as they wish.  As long as the executor isn't pocketing money that belongs to you, they are usually withhin the bounds of their powers.

 

Best of luck and cheers to 20 months from now.


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