Families in California may face a difficult situation after the death of beloved family members, especially if the executor named to oversee the estate and the probate process is incompetent or lazy. A poor executor can make it difficult to settle the estate quickly and easily, causing probate costs to rise and delays to become the norm. When planning their estates, many people name friends or close family as executors without considering the consequences. Once the executor is already in place, families may wonder what they can do to improve the situation.
When families are faced with an incompetent or lazy executor, they may need to go to court to address the problem. Other beneficiaries can go to probate court and bring forward evidence to show that the executor is not capable of completing the task of settling the estate. The people who want to challenge the executor need to show that they are entitled to do so by their own connection to the estate and prove that the executor is actually incompetent beyond a conflict of ideas or visions.
Before going to court, loved ones may wish to recommend that the executor work with a probate attorney to finalize the estate, especially if the executor is simply overwhelmed or uncomfortable with the task. If family members fear that the executor is dishonest, the concerns may be different; the beneficiaries may want to move to court as quickly as possible. Well-intentioned executors may be inspired to hire the help they need to manage the necessary tasks.
When a loved one dies, there are many emotional issues to handle, but the practical concerns can also be overwhelming. Whether a dispute arises about the will or the estate simply needs a more practiced hand at estate and probate administration, a probate attorney may help families address these issues.