Legal Question in Wills and Trusts in California

My dad died on Jan 13, 2011. My adopted brother lived with him and cared for him. Brother said there was no will, that Dad just left a note of his wishes. I think Brother is up to something shady. What can I do?


Asked on 3/01/11, 2:40 pm

1 Answer from Attorneys

Michele Cusack Pollak & Cusack

What does he says your dad's wishes were? If there really is a note, it might or might not qualify as a testamentary document. If not, and if there really is no will, your dad died intestate, which means (assuming he was single) that his estate, by law, should be divided equally between his children. And if he didn't name an executor, any one of you can apply to the court to be named as administrator of the estate. You might want to file first, if you don't trust your brother. (Caveat, if there is no real property and estate is under $100,000 formal administration of the estate-probate- may not be necessary.)

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Answered on 3/01/11, 4:08 pm


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