my mom passed 5 weeks ago. I am her heir, but not listed in her trust as executor. She has a paid caregiver for whom she paid for with her own money, not through workers comp., and friend who got paid by my mom as a care giving who is not licensed. There is no communication by them with me or my siblings, and our gut is telling us there is something not right. If the caregiver legally can not be a executor, what can we do as her heirs.?
Also, is it legal for the executors to say that my mom wants certain people to have this or that if she did not write it down? Can they say she told them this or that and distribute from their (her jewelery). If they can, do they have to have an unanimous vote to do so? It doesn't seem right.
You are right to have your doubts about the situation. Caregivers are subject to heightened scrutiny and in most cases cannot be beneficiaries of wills and trusts of the persons they cared for. Have you seen the will/trust? If not, insist on a copy as soon as possible.
If everything is in order, and the documents say the executor/trustee has discretion to distribute personal property, then they are within their rights to do so. My greater concern would be whether they should be doing it at all.
Gilbert Earl FisherWorkers' Compensation LawyerFresno, CA ·
You should confirm that they are actually named as executors in your mother's will. Beyond that, consult a local attorney, who can help you protect your rights. If they are not the executors, they would not have any right to distribute her property, especially if it is not in the will. Consult an attorney soon.
You stated that the caregiver is the executor of a TRUST. If you are an heir/beneficiary, you have a right to a copy of the trust which you should have reviewed by an attorney.
If your mom did not list specific items on a personal property memorandum & the items were assigned to the trust, it would be in the successor trustee's discretion on distribution to the heirs.
The first step is to confirm what type of document is involved to determine whether probate is needed or not.
Please accept my condolences on your loss. You have a potentially complicated situation and your issues and questions need to be addressed after a consultation with an attorney experienced in trust and probate law. Hopefully you have a complete copy of any estate planning documents, and you can provide them to the attorney. After your attorney has had an opportunity to review any estate planning documents, you can then discuss whether you believe the documents reflect ALL of your mother's true intentions and wishes, including her choice of executor/trustee.
A caregiver MAY be an executor or even a beneficiary, if that is what your mother wanted and if proper procedures were followed at the time she signed her estate plan to document her wishes and to ensure that she was capable of making these decisions. The documentation of her wishes will usually be in the form of an "independent review" letter signed by a lawyer which will state that the estate plan was not the product of any pressure or undue influence, incapacity, etc. etc. and that your mother was clear in making any of her decisions which benefited her caregiver. See an attorney who can help you evaluate the terms of the estate plan, advise you as to whether the procedures were properly followed, and to help you determine what steps if any to take to protect your mother's legacy.
