Legal Question in Wills and Trusts in California

Afraid sibling will keep me from my share when mom dies

My sisiter is the executor of our mother's will but we are not on speaking terms. I am afraid she will try to keep me from my share. The house is to be divided between her, me & our brother. She wants the house but will not be able to afford to buy out my brother and myself. Can she ''squat'' in the house and keep me from my share? I don't want the house, I just want my third.


Asked on 8/15/05, 2:06 pm

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Afraid sibling will keep me from my share when mom dies

You can force the sale or have her removed if she fails to handle the estate in a fiduciary manner. Call me directly at (619) 222-3504.

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Answered on 8/15/05, 2:48 pm
Scott Linden Scott H. Linden, Esq.

Re: Afraid sibling will keep me from my share when mom dies

No she will not. Once the Will has been submitted to Probate, you have the power of the Court to enforce your rights under the Will.

If you would like some assistance, please feel free to contact our office to set up a free consultation at 626-578-0708.

You can learn more about us as well as some general Probate information on our firm's site at www.No-Probate.com

Scott

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Answered on 8/15/05, 3:18 pm
Scott Schomer Schomer Law Group

Re: Afraid sibling will keep me from my share when mom dies

If she does not act, you can petition to probate the estate. In the probate, if she does not distribute the estate (including your share of the house), you can petition to replace her. If she cannot buy you out, she will forced to sell the property and if she will not do so, you can petition to force the sale.

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Answered on 8/15/05, 8:54 pm


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