Legal Question in Wills and Trusts in California

If you don't already have a copy of your brother will/trust you need to start by obtaining them. If the wife will not give them to you, as one assumes will be the case, you can check the court records (probably on line) in the county where he was living to see if a probate or trust proceeding was opened in which the documents were filed with the Court. If you can't get them any other way, you would have to file a Court petition to bring your issues before the Court. (Without more facts, it is difficult to say what form that petition would take or where it would have to be brought.) If you are correct there are a number of remedies that the Court could impose. Depending on the facts and circumstances they could even include a recovery of any improperly spent funds from the wife. Before deciding to go to Court, however, you need to keep in mind that doing so could be very expensive and could deplet your brothers assets.

If you would like to discuss this matter further, please do not hesitate to contact me.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.