You likely have a will and one or more trusts as part of your California estate plan. But before you sit back with a sigh of relief, thinking that you now have everything just the way you want it, you need to do one more thing. Review all your documents to make sure your will and your trust(s) work together.
Perhaps your loved one spent a great deal of time and thought choosing the personal representative, or executor, of his or her California estate. However, now that the probate process has begun, you are seeing warning signs that this person is not the right one for the job. At the Law Offices of Roshni T. Desai, our legal team often provides advice to beneficiaries during probate and beyond.
If you agreed to be the executor of someone’s California estate or the trustee for a trust someone set up, this makes you a fiduciary. FindLaw explains that as a fiduciary, you must act in the best interests of the estate or trust and its ultimate heirs or beneficiaries. You may not and must not act in your own interests.