Legal Question in Wills and Trusts in California
A fake birth certificate made a heir temporary executorship
I am disabled and live in my parents home. They passed away and made me and my sister heirs to the estate. From my knowledge me and her are adopted. On the probate case, at the beginning when she went to go file, she listed herself as the only heir when there is actually 6 all together. She said she was biological and she is not we were all long term foster kids and me and her were then adopted. We found out when her daughter came to the--name removed--threatening me and my two sisters, who are my caretakers, to pay rent. I have lived in my mothers--name removed--for 37 years on and off again. We came so close to me being disabled and on the streets. We set up a mediator to hear our case. In mediation, she presented a fake birth certificate, that was not challenged and made her temporary executor. I was told that you cannot be an heir and an executor to an estate, how did she pull this one off? My mom and dad wanted me to have the home so that everyone would have a place to stay, and the only reason there was not a will put in place was to protect my disability status at that time. I have put a private investigator on the my sisters validity of her birth certificate. I have an attorney that has been no help, to my case.
1 Answer from Attorneys
Re: A fake birth certificate made a heir temporary executorship
Being an heir doesn't prevent someone from being an executor or administrator of the estate. However, it sounds like there's some question regarding the rights of people to inherit--if you aren't listed on the probate petition as an heir, you may want to talk with an attorney about a petition to determine heirs for the estate, to establish who has the right to inherit under California law.
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