Legal Question in Wills and Trusts in California

Estate in tax default

Father died 5 yrs. ago. I started Probate after 2yrs. then brother filed undated will. This brother (exector named in will, but hasn't applied for Letters of Administration) says he's not finishing Probate. Only asset left is father's home, which is now in Property Tax Default (5 yrs.) State will sell home for back taxes. Will leaves all to this brother except $100 to me, $50 each to other brother and sister. Assessors Office says, if we pay all taxes and penalties then can record deed in our names. Would this be legally binding, as home is part of the estate and will says home to go to my brother?


Asked on 4/14/03, 10:31 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Estate in tax default

The will is meaningless unless it is filed with the court and he gets Letters of Administration. You are in charge of the estate unless he goes to court. If he is named executor, but doesn't want to do so, then you are still responsible for the estate.

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Answered on 4/15/03, 11:42 am


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