Legal Question in Wills and Trusts in California

My mother past away and my oldest brother was the power of attorney. At The time of my mother's death I had been living with her taking care of her, the day she died in the hospital while I was at work I came home to discover my brother had changed all the locks and refused to let me in, telling me I was no longer welcome there and to leave refusing to allow me to collect any of my personal belongings telling me that he would notify me wen n were I could come get my things ( I had many things there that I owned and kept stored for safe keeping )�

He failed to contact me at all in relations to deviding things between her 3 sons. I was never notified and received nothing. My mother made it perfectly clear there were many things she left for me including her car yet I received nothing nor was I notified of anything at all. The house alone sold for over $250,000.00 my brother said I would get $1000.00 per month and that I would need to pass a full blown drug test before receiving a dime. What steps do I need to take to find him Guilty of not doing his job legally as the power of attorney. I know he's ripped me off and cheated me out of my fair share as well as so much more.


Asked on 1/24/16, 2:18 am

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

You would need to go to court and file a petition for an appropriate set of orders. Much depends on whether your mother has a will or trust, whether there is a probate proceeding already started, and why your brother has power to do things.

You need to speak with an attorney about this, especially if your brother already has counsel. This is not a do-it-yourself project.

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Answered on 1/24/16, 2:23 am


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