Legal Question in Wills and Trusts in California

Re: My Father Died

In order to determine whether the document you have is a will, you need to see an attorney. I just won a case on appeal concerning just that issue -- one where judges, court specialists, and attorneys all thought it was not a will, when in fact I successfully proved it was a will.

If you desire to contact me, please do not hesitate to do so.

Sincerely,

Kai H. Wessels, Esq.

(tel.: 877-Wessels)

Re: My Father Died

Without a will, the court must distribute the estate through probate. Without a will the personal representative of the estate is called the administrator, not the executor. The paper you mention is meaningless, though your brother is certainly a candidate to be appointed personal representative. Someone will have to petition the court to be appointed. A living trust does not exist unless assets are actually in the name of the trust. In that case, those assets, i.e., those in the name of the trust are distributed by the successor trustee according to the terms of the trust.

You should hire a lawyer to petition to probate the estate appointing you or someone else ofyour choosing as personal representative. When letters of administration are issued, you will have some authority to do something.