Legal Question in Wills and Trusts in California
My half-brother died recently. both he and I are the two sons of an artist. he was wealthy because he got all the money. I am poor because I got none. I did not realize that the copyright law in theory gave me rights. Although I asked lawyers about things like that, none of them knew. It took the expansion of legal resources on the Internet for me to have the ability to find things like this. No lawyer that I ever spoke to knew them. And still doesn't and they took advantage of that and continue to.
After he died I was told something that was not true by somebody associated with my half brother and it did not seem right. I went to the Internet and found that in fact he was supposed to have been sharing the ownership with me for a very long time. I challenged my half brothers probate based on that fact but I could not get a lawyer. I did not sue, i tried to explain the Federal laws to that court, which was among the most crowded in the world. 50 parties had things going on in each hearing. Federal laws were involved and cases say that there is not a statute of limitations on who you are. So probate wasn't the applicable forum. Also, very near the end of the process I found out that he had sold my fathers works to his business partner who then sold them to some other entity. So he no longer owned them at his death. In short, it was a complicated situation where I really needed to have a lawyer and I was not acting in bad faith. Also, they - at least somebody, should owe me at least some of that money. The court found against me and I was fined some of the money that the person who was probating my half brothers estate was supposed to pay his lawyer. Nothing compared to what they have stolen but still much more than I have had in decades. Because I have been sick. And I don't drive.
It does not make any sense, because the money that is supposed to go to me was never part of my brothers estate nor did he own it. Simply saying he did does not make him owner, plus he can be shown to have sold it many years ago, which is also illegal because he didn't own it completely. But in short, now I I suppose owe somebody money because the "gift" that they claim to be taking it out of first was a sham, it is worthless. Plus, as far as I can see in the law I am already at least part owner of it. this is the third extrinsic fraud in this court. What can I do without a lot of money. It is unjust to ask me to keep paying money to this crooked phony "court". My father did not even live in CA, when he died, arguably, nor is he buried there. Which brings up other human rights issues related to mis-application of laws and misrepresentation of legal precedents.
I have some serious health issues right now and do not have any income. I have actually only twice in my life had the amount that they "won" in the bank. I don't even own a car. I don't drive. My half brother died rich. half of everything he ever got turns out to be arguably my money.
In this context, them trying to seize money from me is really wrong, it is an abomination of justice. Even if I had it would be just, wrong. I do not have an income right now any my getting one is dependednt on my not having bad credit. Also, I live on the other side of the country. They are liars.
As i said, this is the third BIG fraud that has been rubber stamped by this same court, over many years. WHAT CAN I DO?
It is not bad faith to challenge lying in this situation.
They were just lying, a lot, and I tried to tell the court that fact. Something is seriously wrong with this country.
1 Answer from Attorneys
Unfortunately the are copyright and entertainment lawyers that can advise you. The circumstances are not clear here and without seeing what happened we cannot make a valid assessment. If there were things that you had ownership in and they were sold, the claim was with him and maybe the estate. The estate pays for the probate attorney so something here is not making sense. You need an attorney to make sense of this but if your father did not live in CA the state he lived and died in has jurisdiction you will need an attorney in that jurisdiction to help you sort it out...