Legal Question in Wills and Trusts in California

is it too late?

My Mother died in 1996 and her will could not be found. The courts pronounced my brother Dick to be executor, because, he was the executor of my dad's will. The house was ordered to be sold and divided equally 5 ways. A couple of weeks ago my mother's will was found. My mother left my brother Dick out of the will, purposely. I found out a couple of days ago that the house sold for $205,000 on 9/27/96. My brother distributed $94,000. The will states that my brother Bob was to be executor and the house was to be divided between him and myself. Is it too late to do anything about the will? Is it too late to do anything about my brothers' mishandling of the distribution that he had no legal authority to do?


Asked on 12/30/05, 11:14 am

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: is it too late?

it may be possible to reopen probate, particularly if the executor did not receive a discharge. if there was fraud or concealment of the existence of the will, the person responsible may be liable for damages. all of the documents, facts and circumstance must be reviewed by an attorney to determine what is feasible.

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Answered on 12/31/05, 1:02 pm


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