Attorney
Family relationships can become strained after the death of a loved one, especially when disagreements arise about who should manage the estate. It’s not uncommon for one sibling to take control, or try to, before the probate court formally appoints an executor. When this happens, it’s important to understand your rights and the steps you can take to ensure the estate is handled properly under California law.
Understanding the Executor’s Role in California
The executor (also called a personal representative) is responsible for managing the deceased person’s estate during probate. Their duties include:
- Collecting and valuing estate assets
- Paying valid debts and taxes
- Communicating with beneficiaries and the court
- Distributing remaining assets according to the will or California intestate laws
An executor has legal authority only after being appointed by the probate court. Before that, no sibling or anyone else has the right to make decisions or handle estate funds. If your sibling begins taking control early, those actions could be challenged in court.
Why Executor Conflicts Between Siblings Arise
Disputes often stem from long-standing family dynamics or differing understandings of a parent’s wishes. Common triggers include:
- Unclear or outdated wills: If the will doesn’t clearly name an executor, multiple siblings may believe they have the right to serve.
- Distrust or lack of communication: One sibling may act first, believing they’re “protecting” the estate from delays or mismanagement.
- Perceived favoritism: Emotions can run high if one sibling feels excluded or believes the other is acting out of self-interest.
- Access to information or property: The sibling who lives closest or had prior access to financial accounts might assume control without legal authority.
Understanding these motivations helps you respond strategically rather than emotionally, which is key to resolving disputes without escalating them further.
Steps to Take if Your Sibling Is Acting Without Authority
If your sibling is trying to take over as executor before being appointed or abusing their power once appointed, California probate law provides several remedies.
1. Confirm the Executor Appointment
Check whether the probate petition has been filed and who the court has officially named as executor. Until an appointment is made, your sibling has no legal authority.
2. Gather Evidence of Misconduct
Keep records of actions your sibling has taken, such as transferring funds, selling property, or restricting access to estate information. Documentation is critical if the court needs to intervene.
3. File an Objection or Competing Petition
If you believe your sibling is unfit or acting improperly, you can object to their appointment or file your own petition to serve as executor.
4. Request a Temporary Restraining Order or Court Supervision
If immediate harm is likely, such as property being sold or assets moved, you may petition the court for temporary relief or supervised administration.
5. Seek Legal Counsel
A probate lawyer can help you evaluate your options, prepare filings, and represent you during hearings.
If You’re the Executor and Your Sibling Tries to Take Control
Even after being formally appointed, some executors face interference from a sibling who disagrees with their decisions or feels entitled to control. While their concerns may stem from emotion, it’s critical to remember that only the court-appointed executor has legal authority to manage the estate.
If your sibling attempts to take over or undermine your role:
- Communicate clearly and professionally. Provide updates and explain that you’re following court supervision.
- Keep records. Document all discussions and interference, especially if it involves property or finances.
- Don’t share control. Avoid granting joint access or signing authority just to “keep the peace.”
- Seek court clarification if needed. The court can confirm your authority or limit your sibling’s involvement.
If interference escalates, a probate attorney can help enforce your legal rights and prevent unauthorized actions that could delay estate administration or expose you to liability.
When Your Sibling Is Already the Appointed Executor
Executors must comply with California Probate Code requirements and act in the best interests of the beneficiaries. Warning signs of misconduct include:
- Failure to provide accountings or updates
- Withholding information about assets or debts
- Using estate funds for personal benefit
- Selling assets without court approval
If you suspect a breach of duty, you can request a formal accounting or petition for removal. The court may replace an executor who fails to perform their fiduciary duties properly.
Preventing Future Family Conflict
Many executor disputes arise from uncertainty. To help prevent issues like these in your own estate plan:
- Keep your will and trust documents current and specific about executor choices.
- Communicate your decisions to family members in advance.
- Consider naming a neutral third party or professional fiduciary to avoid family tension.
Taking proactive steps now can spare your loved ones from emotional and financial strain later.
Protecting Your Rights and Your Loved One’s Legacy
Executor disputes can quickly escalate, but you don’t have to handle them alone. If your sibling is overstepping or interfering with estate administration, Scott D. Fisher, A Professional Law Corporation, can help you assert your rights and ensure that California probate laws are properly followed.
With more than thirty years of experience guiding Los Angeles families through probate and estate matters, our firm provides practical, informed support every step of the way. Contact us today to schedule a consultation and discuss how we can help protect your inheritance and bring fairness back to the process.