Should I inherit my father’s property if he held in joint tenancy with his second wife?
No, not unless the second wife adopted you as one of her children. This is a really common and, speaking frankly, dumb mistake.
Executors Duty
Under California probate law, the executor of the decedent’s estate has a fiduciary duty requiring him or her to act with integrity, disclose all information to the beneficiaries, act in fairness and with diligence, manage the estate with caution, and deal with all beneficiaries equally.
What if the Trust you are set to benefit from is the subject of Trust Mismanagement?
If a trustee has mismanaged assets or property, which caused a significant loss of value, the first thing you want to do is determine how the estate was mismanaged.
Failing to File Tax Returns
Failing to file the required tax returns may constitute a California breach of trust under state law. Trustees typically have a duty to file tax returns and pay any taxes that are due.
Probate | Probate Litigation |
Removing an Administrator: How to go about it and having someone else was appointed administrator of the estate?
If your spouse predeceased you, it is possible that another individual was named administrator of his estate. Fortunately, you may be able to have the administrator removed and yourself appointed instead – if you are of higher priority as determined by the California probate code.