My grandmother lives in California. I was recently informed that she has appointed me as executor of her estate. My father lives in California, her only child, but he has basically abandoned her.

My grandfather passed away three years ago and my father took $15,000.00 of his insurance money to put in "safe keeping" and now refuses to tell my grandmother. It is also know that she has spent some of her money, though we are unsure how much. He has also made numerous comments to family members that he would rather burn her house than go through it. In short she doesn't trust him with her estate and doesn't wish for him to have any of it.

I know that he has a legal right to some of the estate unless it is stated otherwise in her will. She is seeing about changing it at the moment.

My question is, I live 3000 miles away. I am unsure if I will be able to pay for the trip out there myself. Would the estate cover the cost of me, just me, going out to California from North Carolina, or would I have to find someway to do so. Also, I know that I have been named beneficiary on her bank accounts. Would I be able to use this to get there or not? I would assume so, but if my father was to question my actions as executor I'm unsure as to whether or not it would come into question.

I'm rather lost about the whole thing at the moment, and do not have the money to seek legal advice. (barely making ends meet at the moment, I have four young children) If anyone could either tell me who might be able to help answer my questions free of charge, or where I can look for an answer it would be helpful, that is unless there is an attourney on the board that can help.

I appreciate taking the time to read my rather unusual question.

Awaiting a response.
~Kasey

s_cianci

First of all, who was your grandfather's named beneficiary? If it was your father then he has every right to put the money away for "safe keeping" or do anything else he wishes with it. If it was your grandmother, then she should contact the court and file a motion to compel your father to turn over the $15,000 to her. If she is mentally incapable of doing this, then you should file for a power of attorney (unless she's already given it to you) and make the motion on her behalf. As for the travel costs to execute her estate, you should be able to "reimburse yourself" out of the estate for expenses accrued in carrying out your duties as executor. If you are a trustee for her bank accounts or if you've been given power of attorney then that money would be available to you as well.

Fr_Chuck

If the estate is very large you may well wish to hire an attorney to do the actual work for you. Even if it is not very large, you may wish to pay an attorney an hourly fee to give you advice.

If your grandfather had life insurance, your father may have been the benificiary on a policy, life insurance if it has a named benificiary, it does not go though probate.

If he took the 15,000 out of your grandmothers money and it is known, then it may be possible for the estate to show him as someone who owes the estate, so that amount could be withheld from other money he may get from the estate.

Kasey

My grandmother was the beneficiary on the account. She is mentally sound. We have tried to get her to take my father to court on it, but she refuses. He said that it was an oral agreement between him and my grandfather, which none of us even start to believe. And it is not in "safe keeping". He admits to having spent some of it to get himself a new car, etc. He said that she forced him to buy it because she asked for her car back, which he was supposed to be borrowing.

The estate isn't very large, but I may see about hiring an attourney to help handle it just to rule out that I mishandled it. I understand that I will most likely be able to reimburse myself for travel expenses, but I was wondering about pre-reimbursing myself in a way... (confusing I know). If I am allowed access to the bank accounts that should be no problem, though. I meant if I could use the bank account money to get there and handle the other things.

s_cianci

If you have access to her bank accounts, etc., then you should be able to directly finance the expenses incurred in your duties as executor of her estate. If she is not willing to take your father to court then there is little anyone can do regarding his handling or mishandling of the $15,00 in question. And yes, retaining an attorney probably is a good move for you own protection.