Legal Question in Wills and Trusts in California

Can a brother-in-law have control of my inheritance?

When my parents were alive and in fair health, my brother-in-law talked them into selling thier house, which they owned outright, giving him the money to purchase a lot zoned three dwelings per lot, so he could build three seperate homes on. Once finnished my parents lived in one home, my sister & brother-in-law in one, and thier daughter and family in the other. Now that my parents have passed away, everything they had is in his name, and he's telling me I'll get my inheirtance when it's convenient for him. Is this legal?


Asked on 9/08/03, 12:03 pm

5 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Can a brother-in-law have control of my inheritance?

not necessarily but it depends upon what your parents understood and agreed to at the time --- i have numerous questions as this is not just a simple yes or no question --- if you wish to consult with me i am in the s.f. bay area 925-945-6000

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Answered on 9/08/03, 12:50 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Can a brother-in-law have control of my inheritance?

if there is some kind of will or trust instrument in place specifically stating what your inheritance is to be, then your brother would not have any discretion as to when your share of the estate would pass to you. if you would like a free consultation/evaluation regarding your case and rights, email me with your contact information and we can proceed from there.

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Answered on 9/08/03, 12:54 pm
Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: Can a brother-in-law have control of my inheritance?

You will have to contact a California attorney who specializes in probate and estate law if the land is in California. Good Luck.

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Answered on 9/09/03, 5:39 pm
Scott Schomer Schomer Law Group

Re: Can a brother-in-law have control of my inheritance?

It all depends on what your parents planned by the property transfer. From your description, it sounds like their estate plan may have excluded you as a beneficiary. Or perhaps the design was for you to get your parents' house after their death. It may be possible to challenge this transfer or transaction, but I would need to learn more about the circumstances. Please feel free to contact my office for a no-charge initial consultation.

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Answered on 9/08/03, 2:02 pm
John D. Williams Law Offices of John D. Williams

Re: Can a brother-in-law have control of my inheritance?

Did your parents have a Will? It may all depend on what your parents intended by this transaction. It may be possible to challenge the transfer.

We need further information to properly advise you. Please call me at (818) 991-6664 for a free initial consultation and case evaulation. You may also e-mail me with further information and contact information.

Good luck and thank you for your inquiry.

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Answered on 9/08/03, 2:57 pm


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