Legal Question in Wills and Trusts in California
Additional questions about my Mom�s estate
I have an addition to this question, here is my situation, and My Mom passed away from ALS in July I was staying with her taking care of her in a rental house. 5 or 6 months before she passed away, she gave me her car and all the furniture, my younger sister was there and heard her give me the stuff. My older sister is the executer of the will and is telling me that all of the furniture and the car have to go into the estate and be sold. Is this true? and doesn�t it cost money to have that done?
My additional questions are: The sister that is the executer took stuff from the house even though she was told it was all left to me, none of the items she took were cataloged or documented and I don�t really know what all she took only some of it, Wouldn�t she have to give it all back to the estate? From my point of view, I could never be absolutely sure she returned everything, from a legal stand point how would this be viewed? As for the auction who would be in charge of that? At this point, would the state get involved?
Darryl
1 Answer from Attorneys
Re: Additional questions about my Mom�s estate
Man, it is frightening how little people know about what happens when the inevitable happens and people die. If the estate has any significant value, hire a lawyer to protect your interests. An executor is only an executor by court order. Without a court order and a probate proceeding in court there is no executor. If your sister is raping the estate, it is a crime, called theft. If no probate is opened, open one and apply to become the personal representative of the estate.
You have the obligation to protect yourself. No one else will do it. The courts will assist, but only if you take the initiative.
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