Legal Question in Wills and Trusts in California

Are you parents deceased? Are you two fighting over something that can be changed by your parents at a whim down the road? If your parents are deceased, you have an absolute right to a copy of the will, and do not have to trade any of your assets or rights.

You should be very careful what you sign. If your parents are deceased and your brother has been (or is seeking to be) appointed as their executor he is obligated to file their wills with the Court as part of the probate process. He also needs to provide you with copies of their wills. As executor he would have control over all of their "probate" assets, i.e. assets that were not part of a trust, subject to a POD or similar designation, or which had a specific beneficiary such as a life insurance policy. It is not clear, therefore, what you need to sign over to him. As executor he is legally obligated to manage those assets and distribute them in accordance with the terms of the Trust. If you suspect that he is up to something, you should consult with a lawyer ASAP to protect your rights and, if necessary petition the Court for appropriate relief. If you need assistance in these matters, please feel free to contact us.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.