Posted 04 July 2009 - 12:47 PM
Posted 06 July 2009 - 07:55 AM
Posted 06 July 2009 - 07:56 AM
"Property distribution had already been settled."
I gather this means that you two had entered into a formal property/marital settlement agreement that also addressed a waiver-release by each of you as to the other's property?
"To date we have received no communication from him, nor any distribution of funds."
Seems to me you've been beyond passive if wife died in 2004 (and your wife's adult daughter, now that she's 21).
"Would it be worth our while to hire an attorney to try to get an accounting?"
Have you even checked with the probate court to see whether one has been filed? As your minor children's legal representative, you were kinda obligated to keep on top of this.
"In which state should I seek legal redress?"
If your wife was a CA resident, then you'd address this in the CA probate case for starters.
"Is the executor financially liable for malfeasance of duties beyond distribution of funds from the estate?"
Given you haven't heard a word, it's not clear why you're assuming malfeasance. Yes, it's possible to go after the executor in AZ if wrongdoing occurred. Technically speaking, when your kids turn 18, they're free to come after you for sitting on this for years, possibly to their detriment.
I'd get whatever copies of anything on file in the probate action in CA for starters. Then I'd consult with a local estate-probate attorney in CA.
I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.
Posted 06 July 2009 - 02:00 PM
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