Legal Question in Wills and Trusts in California

Open a probate case and have the brother-in-law ordered to produce the will or trust.

Immediately call you oldest sister and find out what is happening. Tell her you do not want her husband to get into any trouble, but what he has done so far would result in the court removing him as from whatever position he has and perhaps fining him. If he has no authority to take the new car, he could be arrested for stealling the car. Suggest that there be a family meeting with all spouses also present and the Will or trust made available beforehand.

Go to the local library and check out some books on Wills and Trusts and read the chapters on the role of the estate representative so you know what to ask and say to him. If he is the named trustee of the Trust, he already has all the powers he will ever get [changing the locks might be okay and he will argue he took the car for safekeeping at his home]. For a Will, one must file the Will and start probate if the assets exceed $100,000--which they likely do with a house and brand new expensive car; the power of the person named in the Will as executor is rather limited, but the court can appoint a representative with much more power. Try to get the probate started as soon as possible as property taxes become due in December and the assessor will treat your father's death as a sale and consider increasing the assessed value of the house and land. You might want to rent the house out or put it on the market very soon.

If, as I suspect will be the case, he refuses to co-operate and will not listen to your sister [try to avoid causing conflict between the two of them as if pushed she will have to support him over the two of you], you will need to get advice from an attorney expert in the field to aggressively push for your rights, as the longer you wait the more your brother-in-law will try to do economic harm to you.

Good luck. If you decide on getting some quick advice, I am semi-retired so available much of the time. [email protected]

I suggest that you demand an immediate explaination from your sister as well as a copy of the will and/or trust. If she won't do that, I suggest that you immediately file a probate petition, possibly on an ex-parte basis, to force them to "come clean" and to protect your rights. If you would like my assistance in this matter, please do not hesitate to call me at 310.478.2541.

Jon Reich

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