Legal Question in Wills and Trusts in California

January 14th, 2010

My mom died August 24th, 1988. My brother is a lawyer. He and his accountant handled probate. He received 60% interest in my mothers house. My sister, who is also an attorney, received 30% interest. I received 10% interest in my moms house which was appraised at $325,000 in April of 1993. We all signed receipts for distributive shares for undivided interest in the house in 1993.I was living at home with my mom and did not move out until several months after her death. Without my knowledge a RECORDING REQUESTED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY was filed on April 21, 1994. It was a QUITCLAIM DEED that �HEREBY RELEASES AND FOREVER QUITCLAIMSTO HAROLD B AN UNDIVIDED 70% INTEREST and CAROLYN T, an unmarried woman AS TO AN UNDIVIDED 30%INTEREST�. On April 28, 1993 my brother and his accountant, who was also executor of my moms� estate, filed an AFFIDAVIT FOR FINAL DISCHARCHARGE that reads as follows: THE UNDERSIGNED, AS EXECUTOR OF THE ABOVE INTITLED ESTATE STATES THAT DISTRIBUTION HAS BEEN MADEOF ALL THE PROPERTY AND ASSETS IN ACCORDANCE WITH THE DECREE THERFOR MADE THAT ALL MONEY, STOCKS, BONDS, AND OTHER PERSONEL PROPERTY HAVE BEEN DELIVERED TO THE DISTRIBUTEES AS ORDERED BY SAID DECREE; THAT RECEIPTS OF THE RESPECTIVE DISTRIBUTEES ARE NOW ON FILE.� Unbenounced to me, my brother dismissed me as joint heir to my mom�s estate. He not only took my 10% interest in the home I grew up in, but he made sure I never received the 25% of all my mom�s remaining assets. It is a matter of record that my brother issued me two checks from my mom�s estate, a �PRELIMINARY DISTRIBUTION� in the amount of $857.00 and a �PARTIAL DISTRIBUTION� in the amount of $200.00, both checks issued on November 10, 1992. The PROBATE ORDER AND DECREE, filed on March 22, 1993, ordered the ESTATE TO BE DISTRIBUTED AS FOLLOWS: TO HAROLD B, AN UNDIVIDED 60% INTEREST, TO WILLIAM T, AN UNDIVIDED 10% INTEREST, AND TO CAROLYN, AN UNDIVIDED 30% INTEREST, AS TENANTS IN COMMON, IN AND TO THE ESTATE REAL PROPERTY , HOUSE AND LOT LOCATED AT 4037 DON IBARRA PLACE, LOS ANGELES, CALIFORNIA, APPRAISED AT $325,000.00; TO CAROLYN TAYLOR, 1997 CADILLAC CIMARRON, CALIFORNIA LICENSE PLATE 2JDS 220, APPRAISED AT $10,700.00; ALL THE REST, RESIDUE AND REMAINDER OF SAID ESTATE, CONSISTING, SO FAR AS THE SAME IS KNOWN, OF THE RESIDUE OF CASH,

TO HAROLD B, 50% THEREOF;

TO WILLIAM T, 25% THEREOF, LESS THE SUM OF $1,057.00(the checks for $857 and $200) HERETOFORE DISTRIBUTED;

TO CAROLYN T, 25% THEREOF

It is also a matter of record that on SEPTEMBER 2, 1992 a letter from the Law Offices of Brian S read as follows:

�WE REPRESENT THE ESTATE OF THE ABOVE NAMED DECEDENT. THE PERTINENT YOU REQUIRE IS AS FOLLOWS:

1. ESTIMATED VALUE OF:

REAL PROPERTY: $325,000.00

CASH AND BANK ACCOUNTS: $49,973.12

OTHER: AUTOMOBILE $10,700.00

2. NAME, ADDRESS, AND TELEPHONE NUMBER OF PERSON HANDLING ESTATE: SEE LETTERHEAD.

On June 9, 1999 a document was filed with the Los Angeles County recorder�s office. It read as follows:

GRANT DEED FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED,

HAROLD G. B, AN UNDIVIDED 70% INTEREST AND CAROLYN TAYLOR, AN UNMARRIED WOMAN AS TO AN UNDIVIDED 30% INTEREST HEREBY GRANT TO CAROLYN T-Married Name, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY.

I have always looked up to my brother. I never thought for a moment that he would cheat me. Unlike my siblings I am not an educated man. I survive on $484.00 each month and live in a residential motel with my 14year old daughter who has special needs. I wrote my brother a six page letter about 4 months ago informing him that I had become aware of the deceptive and perhaps illegal actions he has taken. He never responded.

I saw my mom�s will for the very first time about a week ago. The sorrow I felt was incredible.

Lastly,

After going over the case I noticed that my brothers accountant ( the executor of my mothers estate stated under penalty of perjury the following:

THE UNDERSIGNED, AS EXECUTOR OF THE ABOVE ENTITLED ESTATE STATES THAT DISTRIBUTION HAS BEEN MADE OF ALL THE PROPERTY AND ASSETS OF SAID ESTATE IN ACCORDANCE WITH THE DECREE THEREFOR MADE; THAT ALL MONEY, STOCKS, BONDS AND OTHER PERSONAL PROPERTY HAVE BEEN DELIVERED TO THE DISTRIBUTEES AS ORDERED BY SAID DECREE; THAT RECEIPTS OF THE RESPECTIVE DISTRIBUTEES THERFOR ARE NOW ON FILE. EXECUTED 4-28-93 AT LOS ANGELES, CALIFORNIA SINGED George P------. ( This document was not filed in superior court until Sept 20, 1993.)

My sister acknowledged receipt of her shares on May 31, 1993(after the execution date of 4-28-1993.

CAN I SUE?

WHO SOULD I SUE?

ON WHAT GROUNDS?

William T 213-359-6128

ps, My sister is raising her family in the house. Two years ago my brother purchased a 55ft boat for his 60th birthday. He has a slip in Marina Del Rey.

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