Legal Question in Wills and Trusts in California

Beneficiary question

My father died 3 years ago. He had a holographic will naming my brother as the executor but he hasn't carried through. Here are the problems

-immediately after my father's death my brother said he had a guy who does loans help him skip probate because ''the government would take everything'' which I now know is false but in my grief I trusted him. They were talking about rushing to get my brother's name on the house etc. I didn't know if it was legal.

-the family home and company were willed to me and siblings, but an attourney recently pulled records and found that my brother's name was on both prior to my father's death. How can I find out if this is real or a scam done with the loan guy? If his name was already on these things, does that mean my siblings and I don't get our share despite the will?

-We each received our share of the life insurance, but my brother cashed out stocks prior to time specified in will and said he put the money toward the house.

-My brother is now trying to fire me and my other brother from the family company

-My brother claims the will disentigrated in his wallet, but there are questionable copies remaining that I'm honestly not sure haven't been tampered with (the writing doesn't seem consistent


Asked on 4/30/09, 2:31 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Beneficiary question

You need an attorney to help guide you if not actually handle this matter. You can do much of the investigation work for the attorney if he/she trusts you to do it correctly and impartially.

Check the Secretary of State as to what records they have on the business; a business licence must be paid for each year and that should show claimed ownereship. Check your father's lincome tax report to see if ilt shows a glift of the home nad buiness to your brother. Was the lender on the home notified of any change, was any transferred recorded lin the County Recorder's Office, who is listed on the property tax bills, ssk your brother to produce any documents he has showing owership, ask to see the original Will as ilt might get rlipped and fall apart but it would not totally disappear, you eventually might need a hand writing expert to look at the copies point out to your brother that if he doew not co-operate you and others in the family will keep on nagging him and take what ever legal action is necessary epecially since he has tried to avoid probate when he knows it is required [estate assets exceed $100,000]. You probably yourself will have to file to probate the Will so that you can bring these issued before a judge.

This will be a long and costly battle, including the destruction of relatlionships with family members. Before doing anything, get all the heirs togeher, except those who might be loyal to your brother and discuss the matter and what should be done and how it willl be paid for. You need to be sure there is a united front and that when it comes to paying costs you are not left with the bill.

Good luck.

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Answered on 4/30/09, 11:35 am


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