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If Executor's Not Communicating with You, Here’s What You Need to Know

  Рет қаралды 6,150

Win-Win Realtors TV

Win-Win Realtors TV

Күн бұрын

If the executor's not communicating with you, here is what you need to know. First you need to understand that an executor is a FIDUCIARY in a probate administration. The executor owes the beneficiaries a duty of trust and loyalty an is obligated to act in the best interest of the estate an it's beneficiaries. It would be illegal for an executor to make decisions in their own interest and to the detriment of the estate and it's beneficiaries. If you witness an executor taking illegal action you should report it an object to it in writing immediately.
00:00 Introduction
01:08 Explanation
02:01 Executor's most important duties...
02:43 Executor's Obligations to Keep beneficiaries and heirs informed.
email: winwinrealtorinc@gmail.com
Phone: 562-824-6850
#probate #administrator #executor

Пікірлер: 71
@joanncraft8682
@joanncraft8682 10 ай бұрын
Thank you so much for this video. I'm a beneficiary that got omitted. I'm an exspouse that was a designated beneficiary on the retirement benefits from the first day of my exspouse employment. I fully knew that I was eligible but was never informed by the executor or the administrator. I am now attempting to get the probate info and the company that hold the retirement account. This was definitely intentional by the executor because I tried several times to get updates or progress...no luck. I will handle it. My exspouse And i were married for 24 yrs. Social security has helped me with most of the info and phone numbers needed. I pray that this will help someone else who has a narcissist as an executor. Stay alert
@j.1658
@j.1658 10 ай бұрын
I am in South Carolina and have hired 3 estate attorneys and none will fight for me. My mother deceased 4 years ago. Probate is still open and my sister the PR has not talked to me in over 3 years. She will not do what my lawyers had asked and they won't push her to do it. So things as simple as send pictures of our mothers jewelry so we can divide it. She will not do it and made a statement to me "it seems some of her jewelry is missing"???? Nothing has been transparent nor honest. We were both named as executors over the estate. At the funeral home planning my mothers funeral, the funeral director convinced me I should sign a renunciation since I lived 2 hours away and my sister lived in our hometown. I took his advice and have been SCREWED ever since.
@WinWinRealtorsTV
@WinWinRealtorsTV 10 ай бұрын
Wow! here in California if you both were name as executors of the estate both of executors make decisions concerning the estate and both would be liable any negligence. I sure what to tell you sir, be sure your state bar knows of any malpractice of any attorneys involved in the case.
@adriennekennedy5887
@adriennekennedy5887 6 ай бұрын
Same here!!!
@adriennekennedy5887
@adriennekennedy5887 6 ай бұрын
My step father deceased, wasn't not loyal to my mom's estate , now my brother is doing the same thing. I want him removed . He has been taking rent, and refused to tell me or account for rent .
@huntermilne1666
@huntermilne1666 5 ай бұрын
😊😊😊😊😊😊😊😊😊😊
@theOlLineRebel
@theOlLineRebel 15 күн бұрын
I’m executor and I chose the low profile of little communication because I have an heir I know too well who throws wrenches in everything and sabotages everything, never mind questions every detail, acts like a know-it-all, doesn’t seem to trust me either as incompetent or conniving, and pushes for whatever means “more money”. Unfortunately I do not have the siblings that our father did wherein he could frequently update all 5 of them every other week on their brother’s estate, because all of them behaved like adults and trusted him to do the best.
@WinWinRealtorsTV
@WinWinRealtorsTV 15 күн бұрын
I understand what you’re explaining to me. Take care.
@user-dn9vd9xg9p
@user-dn9vd9xg9p 11 ай бұрын
Scenario: Daughter handles the disabled mother's affairs and her well being for 15+ years that lives in the same town as the mother. Once the mother reaches an age of near 90. Another daughter (the eldest) that has little communications with the mother but is also the executor, that lives out of state moves the elderly mother out of state into her home then says she is going to charge the Trust-Estate monthly rent and expenses for "taking care" of the mother until her death. No written or verbal (per the mother) agreement was done between the two. Can the new caretaker that took in the mother near the end of her life charge the trust legally? Sadly this may have been the intentions of the eldest daughter all along. Thank you.
@WinWinRealtorsTV
@WinWinRealtorsTV 11 ай бұрын
Unfortunately this is a question for an experienced Elder Law and possibly litigation Attorney. I am a real estate broker who focus on the estate real property which the estate plans to sale. Here is California Certified Lawyer Referral Service’s website www.calbar.ca.gov/lrs - 800-843-9053 CA.
@user-dn9vd9xg9p
@user-dn9vd9xg9p 11 ай бұрын
Why is it the elderly people born before the 60s, always seem to place the eldest as the executor when they may have had nothing to do with parents and live out of state? The actual caretaker that lives nearby the elderly and many times to do all the care for elderly. Wonder why that seems to happen a lot? .
@WinWinRealtorsTV
@WinWinRealtorsTV 11 ай бұрын
I am not sure why that happens.
@theOlLineRebel
@theOlLineRebel 15 күн бұрын
Not I. Long ago and later (never executed) wills always had this baby as the executor. Eldest indeed is out of state for 40 years, I took care of them mostly, though middle would have had she lived (we all live 10 min from each other). I think they figured she was too busy with full family and business while I started as single.
@Jroyyy623
@Jroyyy623 Жыл бұрын
I needed this video because removals are needed asap Thank you
@MyMlittleFriends
@MyMlittleFriends Ай бұрын
Illegal but no consequences
@WinWinRealtorsTV
@WinWinRealtorsTV Ай бұрын
i’ve heard that before…
@maddiecrook107
@maddiecrook107 7 ай бұрын
My daughter was left as a beneficiary of 20% of her friends estate. Its a large estate as he recieved an 11.7 million dollar settlement 16 months before his tragic death. Its been 7 weeks since he died and she hasn't heard anything. Shes not even sure who the executor is, he had an attorney and financial advisor. The friends mom and main beneficiary has told my daughter that lawyers are already fighting and have sold his million+ dollar house at a huge loss. She was very vague with details and my daughter didn't want to press her. I'm encouraging her to get an attorney but she's resistant and doesn't want to seem bossy. Advice?
@WinWinRealtorsTV
@WinWinRealtorsTV 7 ай бұрын
as you know, I’m not an attorney I’m a real estate broker that work with probate attorneys selling estate real estate. A probate proceeding is public and you could go to the counties website in most cases in Los Angeles, that’s true. look up the name of the deceased person and get the facts about a probate case. If one is indeed happening, that’s what I would do if I were you. if indeed, a probate has been filed, you have the name people people involved.
@scierraM
@scierraM Жыл бұрын
My grandpa who is passed, my grabdmother was the executor of his WILL but i was the beneficiary to recieve some of the will as well as my brother. He was our father figure as our grandparents raised us. Unfortunately it was hidden from us. I believe my grandmother is money hungry. My uncle told me that she ripped up the will. And i also dreamt that her and my other uncle forged my signature on something. I wish i had my previous phone as i had text messages of my grandmother admitting it while i confronted her about it. I need help with this.
@WinWinRealtorsTV
@WinWinRealtorsTV Жыл бұрын
I am truly sorry to hear you’re having this experience. Normally this type of dispute requires litigation to settle. I would ask trusted family members or friends for an experienced probate litigation attorney referral. The attorneys have worked with do not practice probate litigation. If you’re here in California keep out the California Bar Association’s website, they may have vetted probate litigation attorneys on their website.
@scierraM
@scierraM Жыл бұрын
@@WinWinRealtorsTV I live in Canada
@udmann1
@udmann1 Жыл бұрын
My Dad named my STEP Brother-in-law executor, after we had a mis-understanding. I initially fought his petition to be named executor, but relented once I learned the new Will was identical to the prior one, where I was named executor. My attorney advised me I'd eventually lose, and it'd be expensive, so I gave in. Now my worst fears are being realized, and there's been zero communication, even though I know both houses have been sold. Other than litigation, is there any other way to compel him to fulfill his fiduciary duties?
@WinWinRealtorsTV
@WinWinRealtorsTV Жыл бұрын
As you know I am not a lawyer. I am a real estate broker that works with the lawyers in reference to Estate real property. If I were you the next opportunity I have to object to something like a notice of proposed action, I would go in the court and argue that the executor is not keeping you reasonably informed of what’s going on with the estate. The law here in California says that the executor or administrator has to keep interested parties reasonably informed. I hope that was helpful for you.
@jimmoravec1326
@jimmoravec1326 6 ай бұрын
Maybe in your jurisdiction but not in mine. The trustee doesn’t have to follow the instructions of the trust. What can you do about a trustee not communicating with a beneficiary ? Nothing you can do about it unless you hire a experienced attorney. If you cannot afford to hire an attorney then there is nothing you can do. You as a beneficiary cannot file anything with the probate court. So the bottom line is that if you cannot afford to hire an attorney you are out of luck and the trustee can claim your inheritance weather it’s money or assets. Life insurance is separate you would get that but that’s about it.
@WinWinRealtorsTV
@WinWinRealtorsTV 6 ай бұрын
That’s probably the case, sir the jurisdictions are different. It’s the job of the Successor trustee the follow the instructions of a Will here in the state of California. It is the job of the Successor trustee to keep the beneficiaries reasonably informed of the administration process however, we know that that doesn’t always happen. When things don’t go as planned our recourse is the judicial system.
@jimmoravec1326
@jimmoravec1326 6 ай бұрын
@@WinWinRealtorsTV You are absolutely correct, that’s the way it should go and pretty much all the jurisdictions go by that. My point is that if they don’t and the beneficiary cannot afford or obtain legal representation that the law is not going to automatically come after the executor / trustee. Beneficiaries cannot file for account information or file a complaint against the executor / trustee the beneficiary would have to obtain legal representation
@adriennekennedy5887
@adriennekennedy5887 6 ай бұрын
What did i do? I had no choice but to put a petition in to gave him removed. He has refused to go open an wccount and that was a year ago.
@WinWinRealtorsTV
@WinWinRealtorsTV 6 ай бұрын
here in California beneficiaries an heirs normally receive notice of regarding appointment hearings, those are intended as opportunities for interested parties to object. Here in California a probate proceeding is public. One can follow the proceeding via the county’s website website. speak with an attorney that’s familiar with the probate system in the county where your loved one lived.
@robintaylor485
@robintaylor485 Жыл бұрын
Thank u for this video
@nidasalvador9705
@nidasalvador9705 Жыл бұрын
Yes I don't know if do probate the house we stay .stepdaughter n his attorney .but only I need get all my share n assets from my late husband thank u thank u
@jwutube43
@jwutube43 11 ай бұрын
Scenario: I am a beneficiary of a parent paid off house that is all I know. One parent died 86 years old. Other parent says he's doing well. Who is the Executor of Estate? Somebody suppose to tell me how? Alive parent won't help me to plan financially whatsoever.
@WinWinRealtorsTV
@WinWinRealtorsTV 11 ай бұрын
As you know sir I am not an Attorney, however I am familiar with some probate procedures. As it relates to wills, they are private documents. you are entitled to a copy of the will as a beneficiary. you’re surviving parent is probably aware of the will. Often wills are discovered once someone has passed away.
@mmograce
@mmograce 10 ай бұрын
You need a copy of the will
@RobertDean-lb8xh
@RobertDean-lb8xh 9 ай бұрын
Who do I complain to? I don't even know if Mom had a will or not, my brother the executive is taking everything forhimself and had not communicated at all
@WinWinRealtorsTV
@WinWinRealtorsTV 9 ай бұрын
My condolences on the death of your mom. If you are here in California, check the county’s website of your mom last known address. Search the probate petition filings (your mom’s name) since the date of death. Determine if indeed your brother has petitioned the court for appointment over the estate.
@RobertDean-lb8xh
@RobertDean-lb8xh 9 ай бұрын
I'm in California she lives in Oregon
@WinWinRealtorsTV
@WinWinRealtorsTV 9 ай бұрын
@@RobertDean-lb8xh I’m not familiar with the probate proceeding in Oregon, keep in mind it’s there where your loved one last lived. Check that county’s website.
@jimmoravec1326
@jimmoravec1326 6 ай бұрын
Then you need to try and find a pro bono attorney. If you’re brother hasn’t filed with the probate court then you better start getting ahold of an experienced estate attorney because you as a beneficiary cannot file anything with the court. The law doesn’t help you when the executor / trustee isn’t following the rules set forth in the will or trust. The only way these civil cases are handled is through legal representation and if you cannot afford to hire an attorney then you better start calling your bar association in your jurisdiction seeking a pro bono attorney.
@zondreiabarringer4018
@zondreiabarringer4018 Жыл бұрын
Hi zondreia good to know I'm going through samething
@s.zepeda2323
@s.zepeda2323 Жыл бұрын
my sister is executor of the will (mothers estate) been over 1 year no communication with me..ignores my calls, voicemails, text, etc..the probate attorneys removed themselves because my sister was not cooperating…i believe she already has the money and has spent it..she has not once ever furnished any paperwork after or before my mothers house sold…my mothers estate was in wa state..i need help asap
@WinWinRealtorsTV
@WinWinRealtorsTV Жыл бұрын
Stories like this are too common. I am sorry this is your experience. I am a real real broker in California. The attorneys I worked with practice the probate administration side not Litigation side of the business. If I were you I would look for a referral for probate litigation attorneys in the state of Washington. The big downside of probate litigation it could be very costly.
@Electric-vl5qi
@Electric-vl5qi 10 ай бұрын
I'm a beneficiary of an Estate and the Executor who is in NJ is not communicating with me. Some law firm contacted once then gave me notice that he was going to be away for some time. What should I do? The Executor is not responding at all.
@WinWinRealtorsTV
@WinWinRealtorsTV 10 ай бұрын
I would file a complaint with the probate court in the county of the decedent. The Notice you mentioned that you were given should have some type of reference number. Here California it’s called a case number. The will tell you who, what, when, where...
@LeXxi1999
@LeXxi1999 11 ай бұрын
How do I contact the probate court division in my state because I really need to have the executor of my fathers will removed and have been needing to have him removed since February 2022
@WinWinRealtorsTV
@WinWinRealtorsTV 11 ай бұрын
Here in California the various counties have a websites an example L A County, probate division. I would check the website in the county where your loved one lived. Here in California a probate proceeding in public record. Also here in California as a beneficary of an estate you are entitled to Notices of hearings where you can attend and express your concerns. I hope that was helpful for you.
@Momof3minions7791
@Momof3minions7791 Жыл бұрын
I am currently renting a home where the owner has passed but the wife is still living. They had no children together, the owners son is the administrator but he is claiming he is both. But there was no will! I have a lease with the deceased owner and his wife, both names are signed on the lease and the son wants me to sign a new lease with him. My lease with the wife is valid until June of 2023, by law doesn't the son have to honor that lease? I do have an attorney and he informed me of this, can the son just outright do this?
@WinWinRealtorsTV
@WinWinRealtorsTV Жыл бұрын
Here in the state of California, the lease agreement will have to be honored by the new owner of the property.
@deniseslack7116
@deniseslack7116 10 ай бұрын
I need help to file a motion to habe executor removed but i dont have the money . For my Mom and mine benifit . Can i file a motion to remove and replsce and executor without a lawyer?
@WinWinRealtorsTV
@WinWinRealtorsTV 10 ай бұрын
yes, if you are a beneficary of the estate, research the county’s website where the decedent lived. Check for self help guidance.
@rae08
@rae08 2 жыл бұрын
How long do you have to close an estate? How long can a house be in the deceased name during the probate process?
@WinWinRealtorsTV
@WinWinRealtorsTV 2 жыл бұрын
How long? depends on the complexity(debts, assets, beneficiaries) of an estate? I'm not sure of the exact answer to question #2, however if the house will be sold to pay-off estate debt usually the title is transferred during the probate process.
@rae08
@rae08 2 жыл бұрын
@@WinWinRealtorsTV Probate started in April of this year. The Deceased didn't have any debts his house was paid in full since 2007. But his house has not been transferred to the beneficiary yet. The beneficiary already signed a family Settlement agreement and filed in court.
@WinWinRealtorsTV
@WinWinRealtorsTV 2 жыл бұрын
@@rae08 My phone number is in the description, Call me and I’ll see if I can help you come to some answers to that question.
@rae08
@rae08 2 жыл бұрын
@@WinWinRealtorsTV Yes sir. Thank you!
@RobertDean-lb8xh
@RobertDean-lb8xh Жыл бұрын
Need help my brother, executor of my mothers estate is not communicating with me at all, he failed to tell me about her funeral and memorial as well and had talked possession of her belongings
@WinWinRealtorsTV
@WinWinRealtorsTV Жыл бұрын
Here in California probate is a public matter. check the public records to see if a probate petition has been filed it will tell who is the judge and attorney involved, contact them for guidance. I hope that’s helpful.
@Latinos4Trump
@Latinos4Trump 5 ай бұрын
" If you witness an executor taking illegal action you should report it an object to it in writing immediately. " Who do I send this letter too? The lawyer who wrote the trust? This is before probote?(Mother has not passed)
@WinWinRealtorsTV
@WinWinRealtorsTV 5 ай бұрын
Here in the state of California, the probate court handles disputes with trusts. Trust are normally designed to keep you out of probate. However, if there is a dispute regarding a living, trust here in California it’s handled via the probate court. I would consult an experience Trust Attorney as to what action specifically take. I hope that was helpful to you.
@riverlife2379
@riverlife2379 Жыл бұрын
Better break down LETTERS OF TESTAMENTARY PRELIMINARY LETTERS OF TESTAMENTARY DEALING WITH GUARDIANSHIP SURROGATE COURT TO SUPREME COURT AMAZING... REALLY AMAZING.. JB.ok
@nidasalvador9705
@nidasalvador9705 Жыл бұрын
Xplain good thank u
@WinWinRealtorsTV
@WinWinRealtorsTV Жыл бұрын
thank you
@robintaylor485
@robintaylor485 Жыл бұрын
I’ll let you know in about eight hours I’m gonna call the family attorney super Hells going on with my uncle is not communicating with me and I do not appreciate us I’m the only beneficiary of my fathers will and trust for me monthly income big home lots of stuff but I haven’t seen a dying and it’s all in holding call Golden holding in six months I’m sick of it
@WinWinRealtorsTV
@WinWinRealtorsTV Жыл бұрын
Here in California a probate procedure is public. You can go to your county’s website and find out what is happening.
@williamkerby3179
@williamkerby3179 Жыл бұрын
My sister and I are in a probate case with her father's estate and she is not communicating at all with me she has lied to me and several different instances and probably ends supposedly 3 days from now and I've not even been given notice of it except for by a lawyer that I fired too much prior to this weekend which is too much before the probate ends so she's been far for 2 months and she sends me she tells me that the probate is supposed to be over on this day don't they have to give me don't they have to send me paperwork saying when it ends
@WinWinRealtorsTV
@WinWinRealtorsTV Жыл бұрын
Here in California the heirs or beneficiaries must sign an settlement document acknowledging they have received their inheritance. I am sorry to hear that you are having this negative experience. Contact the attorney to confirm the discharge date.
@williamkerby3179
@williamkerby3179 Жыл бұрын
@@WinWinRealtorsTV they was in court this morning called for. Me but I didn't know anything about it they gave her to go ahead to sell whatever I guess I don't understand how they can do that without notifying me I have no emails no mail nothing saying that it was court this morning
@nidasalvador9705
@nidasalvador9705 Жыл бұрын
My late husband no will
@WinWinRealtorsTV
@WinWinRealtorsTV Жыл бұрын
Did you have to probate his estate?
@elizabethhurtado2829
@elizabethhurtado2829 Жыл бұрын
💰💰💰💰💰💰💰💰🧱🧱🧱🧱🧱
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