Legal Question in Wills and Trusts in California
brother in law/executor unfairly distributing assets
My mother died recently, there are four real properties to be divided between three sisters. mom signed agreement for one sister and brother in law to tear down and build a new house on one of the properties, now when it comes time to divide the properties they will appraise that one as bare land and the other two as houses, my brother in law is the executor and has handled things as though he has total control and no regard for my sisters and I. One sister (his wife) is clueless. The house he removed was in no worse condition than the other two, my other sister and I were of the understanding that mom had already designated each property to each of us, now it appears we stand to lose substantially when we divide the money from the fourth house, he and my one sister will receive more since they inherited a property of lesser value (house removed). We asked that he value all three as bare land, since essentially the two remaining houses are in about the same shape as the one he tore down, he said it can't be done, is this right?
3 Answers from Attorneys
Re: brother in law/executor unfairly distributing assets
Stopped writing questions to all grew row and get yourself a good estate/probate attorney immediately. Let the court decide. He can't do that but he is because no one is stopping him. At least no one with authority. That's why the court is there for probate. If a probate hasn't been started it should be started. There are a lot of unanswered questions in your question alone. Get everything to the attorney now.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
Re: brother in law/executor unfairly distributing assets
Your situation raise some interesting issues. Property valuation is usually done at the date of death, but you may be able to convince a court that the adminstrators are self-dealing and taking advantage of the other beneficiaries. You should contact a probate attorney located close to where your mother died.
Re: brother in law/executor unfairly distributing assets
A Probate referee will have to appraise the asset, not your brother-in-law. No choice is right.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
