Legal Question in Wills and Trusts in California

If your brother was legally adopted, then he is entitled to an intestate share. If he was not legally adopted, then he may be considered "equitably adopted" if he meets the requirements and entitled to a share.

I am sorry for your loss. If your brother was legally adopted by your father, then he is entitled to the same intestate (without a will) share of the estate as you. The amount of this share depends on whether your mother (or another spouse) is still living and was, at the time of his death, still married to your father or they were living together as registered domestic partners. The Probate Code, begining with Sec. 6400, sets forth these intestate shares. If your mother is also deceased, and your brother was legally adopted, then you and he would share the estate equally. If your mother is living, and meets the critera above, then you each receive a one-third share of his separate property. If there is any community property, then your mother receives her share of the community property and one-half of your father's share. The remaining one-half would be divided between you and your brother. If your brother was not adopted by your father, he is not entitled to an intestate share of the estate. So, it's important to find out whether he was or was not adopted.

Since you handled your father's financial affairs for him, you would be a logical choice as the estate administrator. You'll have to file a Probate in the county where your father resided if the value of his estate is greater than $100,000 or he owned real estate of a greater than $20,000 value. If his estate is worth less than that, you can handle the estate without Probate, using an Affidavit of Small Estate under Probate Code Sec. 13100.

If the estate is under $150,000 you can wait until Jan 1st when new law takes effect and use a small estate affidavit procedure in lieu of probate. As stated above, you need to find out if your brother was legally adopted.