Legal Question in Wills and Trusts in California

Issues between two heirs

I have been living in my parents' house for the past 11 years. I took care of both of them and the house (shopping, maintenance, etc.) until they died (he 3 years ago, her last month). My mother, especially, needed someone with her full time as she suffered from dementia. Needless to say, I have been unable to have a job this whole time. My brother and I (we are the only two heirs) interviewed a probate attorney and then my brother stopped discussions with me and hired the attorney without my knowledge or consent and from what I understand he wants to attempt to buy the house and move into it. Probate hasn't been filed yet. My brother just called the utility company and had the power shut off and I can't get it put in my name because I have no job. I have spent the last several weeks cleaning out the house (my parents never threw anything away 40 yrs of records, etc) and my brother hasn't helped at all. Can he just kick me out and do all of these things and I have no recourse? Since he hired the attorney without my being part of the decision does the attorney only represent him or both of us? What can I do in this situation?


Asked on 4/03/09, 5:45 pm

1 Answer from Attorneys
Mark Muntean Mark Muntean, Attorney at Law

Re: Issues between two heirs

In reading your summary, one key fact you provide is that you and your brother spoke to the attorney together before your brother hired the attorney. If that is the case, the attorney has a clear conflict of interest. Under the state bar rules your brother cannot hire the attorney individually without the attorney first obtaining your consent. This is a serious matter for the attorney. If he is representing both of you, he also needs your agreement. You might consider calling the attorney for clarification.

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Answered on 4/03/09, 5:57 pm


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