Legal Question in Wills and Trusts in California

Re: Disbursment of estate sale surplus funds...contested

With all due respect, it sounds like this case is a mess. You should have consulted a probate attorney a long time ago to prevent the foreclosure. Your sister probably has liability for allowing the home to be sold at a foreclosure auction. Your intentions sound good and they may be possible, but its hard to give you this type of advice without reviewing the documents. You should find a probate attorney who is located near where the case is being probated and have him or her review the will and other necessary paperwork as soon as possible.

Re: Disbursment of estate sale surplus funds...contested

first of all you can do anything you want without an attorney. Moreover, you needed attorney long time ago to stop your sister from allowing a foreclosure take place. Stupid, stupid, stupid on everybody's part. So my first advices get a good estate attorney immediately, yesterday, the day before yesterday. Now, what you have is good intentions without the ability to fulfill them. Unless you get everyone's cooperation including your sister this will have to go to court. Everyone is entitled to one-third of the estate but your sister screwed up by allowing a foreclosure and you can surcharge her with the aid of the court so that, depending upon how the numbers crunch, she will end up with virtually nothing. If you wait you're right to make any claim on the estate which has neither an income tax or other of fact it would all Goodyear brother. The problem is someone should a set up a special-needs trust for him initially. Therefore, one should be set off and hopefully a share placed into that kind of trust if he agrees to that. Remember I said everyone has to agree. Therefore, again you needed a real good estate attorney. This is a mess, it will not hear itself in you do not have the knowledge nor ability to pure based upon your past failure to deal with what could otherwise have been prevented.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: Disbursment of estate sale surplus funds...contested

Once you have located the funds, you can petition the court to create a special needs trust in favor of your brother. You can assign your interest to his special needs trust. Your sister on the other hand does not have to do this, if she does not want to. Even if the will does not say equal shares, to all my children means equal shares, unless he specified otherwise in his will.

Once a special needs trust is created by court order, you can keep the funds for your brother, without him losing any government benefits, if he is on ssi or medi-cal.

Let me know if you need help.