Legal Question in Wills and Trusts in California

For 2 years my brother the executor of mom's estate sent me copies of Living Trust & filed a Will in probate. The Will is more beneficial to me. I found the will at the courthouse. I find this intentional and wrong. I was the only heir told it was a Trust. I was also never given an opportunity to receive one single photograph or personal possession of hers while my siblings divided it up even to their children. What do you think?


Asked on 11/16/12, 12:54 pm

2 Answers from Attorneys

Victor Waid Law Office of Victor Waid

Get yourself to a probate litigation attorney immediately, to determine if you can still file a suit against the trustee of the trust and or the executor of the will. It is possible some of your siblings will have to contribute or return some interest they received as a result of the trustee's action. The time for bringing lawsuits is a very short. Be sure the attorney is experienced in probate litigation, and maybe the attorney will take the matter on a contingency fee arrangement rather than an hourly arrangement. Don't Delay as you may lose some litigation as well as inheritance rights.

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Answered on 11/16/12, 1:40 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Waid. An attorney is going to need to review the entire matter to advise you properly.

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Answered on 11/19/12, 9:49 am


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