Legal Question in Wills and Trusts in California

Estate Partition Suit

After my mother's death, my brother (an estate lawyer) became the executor and opened probate. The estate is worth approximately $2 million and my brother is refusing to close probate so he can retain sole control of the real estate that is in probate. Can I file a partition suit to force the sale of the real estate and the closure of probate?


Asked on 3/18/09, 5:40 pm

3 Answers from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: Estate Partition Suit

I'd also question why your brother, an estate planning lawyer, did not just make a trust and avois probate altogether. Is he collecting fees for being the executor? Did he also draft the will? These are things worth looking into as well.

Scott

PasadenaEstatePlanning.com

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Answered on 3/19/09, 6:34 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Estate Partition Suit

You can, and it may be just the thing to get it moving. Even if the petition takes a while to get to a hearing, it will likely force settlement talks and mediation to reach a resolution.

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Answered on 3/18/09, 6:27 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Estate Partition Suit

You would need fo move for final distribution first. Contact me directly.

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Answered on 3/18/09, 7:42 pm


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