Legal Question in Wills and Trusts in California
My aunt is the executor, not my brother...
I left some things out in my last post. My Mother DID have a will. She left the house to me & my brother. Share & share alike. But I found out my Aunt is actually the excutor of the will. But my brother has his so called paralegal friend & lawyer friend handling the probate. How can his friends be handling the probate when my Aunt is actually the excutor? I called my aunt to make sure she stayed the excutor and not him since he is trying to keep everything from me. I want a probate lawyer to handle this for me & my Aunt the excutor agrees. She knew my Mother did not want my brother doing me this way. He won't hand over the will. How can he do anything to even start probate when my aunt is the excutor? He's living in the house rent free & hanging up everything. I want to get this going. He said the courts will make him the executor. How can they when my aunt is name in the will? I want a lawyer to handle this & make sure its done right.
2 Answers from Attorneys
Re: My aunt is the executor, not my brother...
My response is the same. You and your aunt should check with the probate court clerk to see if a probate has been opened. If so, get copies of the file, hire a lawyer and probate the will and/or apply for letters of administration. Then probate the estate. Nothing happens by itself. Wills require probate. A probate is a lawsuit in which all of these issues are worked out.
Re: My aunt is the executor, not my brother...
My response is the same. You and your aunt should check with the probate court clerk to see if a probate has been opened. If so, get copies of the file, hire a lawyer and probate the will and/or apply for letters of administration. Then probate the estate. Nothing happens by itself. Wills require probate. A probate is a lawsuit in which all of these issues are worked out.
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