Legal Question in Wills and Trusts in California
Who is looking out for my best interests the Administrator of estate isnt?
My mom passed away recently,my brother (47 yrs old) lives w/her.He petitioned the court for administration of estate.He didnt even inform me of moms death!We live only 12 miles from each other.I was located through an ''heir locator'' service!My brother knew where to contact me in emergencies!He claims that he couldnt find the phone book w/my phone #.Well the probate has proceeded and all,my brother was granted full admin rights to estate.My atty retained by the ''heir locator'' has thus far screwed me in every way possible just about.I have asked my atty about moms jewelery and bank accts and he told me that the accts were in trust for my brother but hasnt produced any documentation supporting this.I know there was a will,mom had spoken to me of having one.Regarding moms jewelery my brother states that her rings fell off probably,then he told me that mom put them in a safe place,then he says hes searching the house for them.Thats a lost cause.but my brother also told me that he had given some other items to relatives!Isnt it illegal to dispurse anything in the estate beforew the court grants you right to do so.Shouldnt he have asked me first since we are the children?Sounds fishy doesnt it?
1 Answer from Attorneys
Re: Who is looking out for my best interests the Administrator of estate isnt?
If the items given to other relatives had some value, they should be accounted for and deducted from his administrator's fees. Regarding the missing items, it's frustrating because personal property is so difficult to account for and trace--it does sound fishy, but proving he took them would be difficult.
For the bank accounts, he or his attorney should show some proof they are held as beneficiary accounts.
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