How We Help Executors

Administering an estate seems simple until problems arise. Many people believe they can handle the process on their own to save time or money. But even a small oversight can lead to costly delays, family conflict, or personal liability. Below are real-world scenarios showing what can go wrong when someone handles an estate without legal help—and how attorney Darrell C. Harriman steps in to correct the situation and bring closure.

Case 1: The Missed Debt and Angry Creditor

After his father’s death, John decided to manage the estate himself. He gathered the bank statements, sold his father’s car, and distributed the funds to his siblings. Months later, a hospital contacted him with a large unpaid medical bill that was never submitted during probate.

The mistake: John distributed the estate before confirming that all debts were identified and settled.

The issue: Because the funds had already been distributed, the hospital demanded payment directly from John as the executor. He faced personal liability and had to reopen probate. The siblings, now frustrated, accused him of mishandling the estate.

What Darrell Harriman did: When John sought legal help, Darrell Harriman immediately reviewed the probate record, identified the unpaid debt, and petitioned the court to reopen the estate. He negotiated with the hospital to reduce the claim and established a payment schedule from remaining estate assets. He then issued amended distributions to each heir once the debt was cleared.

The outcome: John avoided personal financial responsibility and regained his siblings’ trust. The estate closed properly, and the heirs received their rightful shares without lingering disputes.

Scenario 2: The Property Sold Too Soon

Susan was named executor of her mother’s will. The will directed that the family home be held for a year so the market could recover before selling. Without understanding that instruction, Susan sold the property immediately for convenience.

The mistake: She failed to follow the specific terms of the will.

The issue: When the market rose six months later, her siblings discovered the home had sold for far less than its later appraised value. They accused Susan of breaching her fiduciary duty and filed a petition against her in probate court. She now faced possible removal as executor and repayment of losses to the estate.

What Darrell Harriman did: Mr. Harriman stepped in to represent Susan. He reviewed the will, explained to the court that Susan acted in good faith but without legal understanding, and negotiated a family settlement. He obtained an independent appraisal to demonstrate fair market value at the time of sale and arranged for an equitable adjustment between the heirs.

The outcome: Litigation was dismissed, the heirs agreed to the adjusted distribution, and Susan remained executor. The estate closed peacefully, saving the family months of court battles and thousands in legal fees.

Scenario 3: The Overlooked Tax Return

Mark served as executor for his uncle’s estate, which included several investment accounts. Believing everything was straightforward, he distributed the accounts and closed probate. A year later, he received a notice from the IRS about an unfiled estate income tax return and unpaid taxes with penalties.

The mistake: He did not file the decedent’s final income tax return or the estate’s tax return.

The issue: The IRS assessed late-filing penalties and interest. Because Mark had already distributed all funds, he personally faced the obligation to pay the penalties.

What Darrell Harriman did: Mr. Harriman contacted the IRS on Mark’s behalf, filed the missing returns, and prepared an abatement request to waive penalties by showing Mark’s lack of intent and immediate correction once informed. He reopened probate to collect a small reserve from each beneficiary to cover the taxes.

The outcome: The IRS waived most penalties, Mark avoided personal liability, and the beneficiaries cooperated to cover the tax balance. The estate remained compliant, and no further notices were issued.

Scenario 4: The Forgotten Beneficiary

Lisa handled her aunt’s estate without an attorney. The will named four nieces as beneficiaries, but one had moved overseas years earlier. Lisa couldn’t locate her and distributed the estate to the remaining three. Months later, the missing niece resurfaced—and sued Lisa for her share plus damages.

The mistake: Lisa failed to conduct a proper heir search and didn’t follow notice requirements for missing beneficiaries.

The issue: The lawsuit alleged breach of fiduciary duty and demanded repayment with interest. Lisa’s bank account was frozen during the dispute, and legal fees mounted quickly.

What Darrell Harriman did: Mr. Harriman immediately obtained court approval to reopen the estate and included the newly found beneficiary. He negotiated a settlement using a portion of estate reserves and insurance coverage under Lisa’s executor bond. He also ensured future notices were properly served to all parties.

The outcome: The lawsuit was withdrawn, the missing niece received her rightful inheritance, and Lisa’s personal finances were protected. The probate court praised the prompt correction and approved the final settlement.

Scenario 5: The Sibling Dispute Over Valuations

After their father’s death, two brothers decided to manage the estate without counsel. They disagreed on the value of a family business and whether to sell or keep it. Without legal advice, they each took portions of assets, including business equipment, without formal appraisal.

The mistake: They distributed estate property without court approval or verified valuations.

The issue: Their sister, also a beneficiary, claimed they undervalued her share and filed for an accounting. The court required a forensic valuation, which revealed discrepancies and triggered a costly dispute.

What Darrell Harriman did: Mr. Harriman was retained by the brothers to untangle the mess. He coordinated a full accounting, obtained a professional appraisal, and demonstrated to the court that no fraud occurred—only misunderstanding. He helped mediate a settlement among the siblings, adjusted the distributions, and obtained final approval from the court.

The outcome: The family avoided trial, the estate’s accounting was corrected, and the business was sold fairly with proceeds divided equally. The brothers learned the value of legal oversight, and family relationships improved.

Scenario 6: The Mishandled Trust

When their mother passed away, her living trust became irrevocable. The successor trustee, her daughter Emily, began making distributions from the trust’s checking account to cover funeral costs and household bills. She didn’t realize that trust funds must be managed under fiduciary accounting rules.

The mistake: Emily co-mingled trust assets with her own funds and failed to maintain detailed records.

The issue: Her brother accused her of misappropriation and petitioned the court for removal of trustee status. The court froze the account and ordered Emily to produce a full accounting within 30 days—a task she wasn’t equipped to complete.

What Darrell Harriman did: Mr. Harriman stepped in to represent Emily. He reconstructed the financial records, separated personal and trust transactions, and presented a clear accounting to the court. He demonstrated Emily’s good faith and corrected procedural errors by setting up a proper trust accounting system and a separate trust account.

The outcome: The court reinstated Emily as trustee, finding no intentional wrongdoing. The siblings reconciled, the trust assets were distributed properly, and the family avoided future disputes.

Call the Law Offices of Darrell C. Harriman at (818) 892-7093, or contact our California probate attorney online today!

Why These Mistakes Happen

Each of these stories shares a common thread: good intentions mixed with limited understanding of California probate and trust law. Executors and trustees often don’t realize they’re personally responsible for errors such as failing to pay debts, missing tax filings, or improper distributions. Without proper guidance, what starts as a simple duty can escalate into costly legal battles or tax penalties.

Darrell C. Harriman provides the experience and steady guidance that keeps families out of conflict and estates on track. His clear communication, practical solutions, and deep understanding of California probate law turn confusion into closure.

If an estate you’re handling has stalled, or if you simply want to avoid the pitfalls others have faced, contact the Law Offices of Darrell C. Harriman today to schedule a free consultation.

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