Legal Question in Wills and Trusts in California

Family Member dipping into funds before estate settled and before mothers death

My daughter-in-laws brother has been dipping into his mothers estate since before her death. He was supposed to be paying his mothers bills and taking care of estate but, instead he has been using it for his own use. He continues to use her estate for his own use and has told his sisters (including my daughter-in-law) that they are intitled to nothing because the will stated that everything went to him. My dauther has retained a lawyer to become executor of the estate because there wasn't any will. So far they have not heard from her brother. What other sugesstions could you give us to make sure that he does not depp his hands in any further before this is all settled. Thank you for taking the time to read my question.


Asked on 6/19/02, 11:22 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Family Member dipping into funds before estate settled and before mothers de

Has your daughter-in-law's mother passed away? If so, probate can be opened, and the court-appointed administrator will have authority over all estate assets--the administrator can also be appointed "special administrator" to have immediate authority to protect the estate's assets.

I'm concerned with his continued use of the property--I'm not sure how he would have access unless he is a co-owner on the accounts, or he's accessing the money against the law. Your daughterin-in-law should see a probate attorney about beginning probate of the estate.

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Answered on 6/22/02, 10:48 am


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