Legal Question in Wills and Trusts in California

Brother dying intestate

When my brother died. My other brother went to residence had safe forced open helped himself to all papers and only notified me of death because body needed to be dispossed of. I should be co-executer of will, or not, depending of course on judge. However, my brother just wants me to sign papers making him executer. He does not want it to go through probate. I have been told beings this brother died intestate that 3 other deceased brothers children should inherit part of this estate also. How do I keep my Arrogant brother legal.


Asked on 7/30/07, 10:00 pm

4 Answers from Attorneys

John D. Williams Law Offices of John D. Williams

Re: Brother dying intestate

I am sorry to hear of the loss of your brother. You should file a petition for probate seeking letters of administration and appointment as administrator in the County where you brother resided.

If would like a free consultation, please call or e-mail me with contact information. I have over 25 years experience in probate administration.

Good luck and thank you for the inquiry.

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Answered on 8/01/07, 8:08 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Brother dying intestate

You should file for letters of administration in the county in which your brother resided at his death and in which the residence is situate.

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Answered on 7/31/07, 5:14 pm

Re: Brother dying intestate

Depending on the value of your deceased brother's estate it may make sense to open a probate. You, as brother, can open probate in the county in which your deceased brother resided.

You can call or email me if you want to set up a consultation.

Caleb

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Answered on 7/30/07, 10:07 pm
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Brother dying intestate

I agree with the others. You could file a petition for probate and subpoena your brother from the records of your later brother. Unlike the other attorneys, I am in Las Vegas but also licensed in California so I can represent you in the probate.

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Answered on 8/01/07, 3:00 pm


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