Legal Question in Wills and Trusts in California

How long can someone wait to start probate?

I posted the other night with a different question & you guys were awesome..so helpful. My Mother passed away leaving her house to my brother & I. (It said, share & share alike.)

He was & still is living in the house and I live across town. I WANT to hire an attorney to handle probate but he doesn't. He is angry at me...he said WHY pay a attorney $10.000 or $13.000 when his paralegal friend can handle it for nothing. I told him I don't know her from squat and I WANT an attorney & this done RIGHT.

My Mother passed in August and nothing has been done. Aren't you SUPPOSE to get probate going right away? He has his hands on the orignal will and I can't get it. But I found out my Aunt is actually the Executor...NOT HIM or me.

How long can he drag his feet? He said he is hoping my Aunt will sign off on being exector and I know she won't because I called her and asked her NOT too. :) I WANT her to handle it because he is trying to take everything from me. Live rent free...but you guys already explained how I fix that problem. :)

Are there any laws on how quickly you should get probate started? I don't know what he is REALLY up to and it concerns me. (I'm in California.)


Asked on 10/25/07, 11:35 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: How long can someone wait to start probate?

Let your aunt know that she should act quickly lest the estate becomes prejudiced by the delay. Is that estate worth over $ 100k? Contact me directly.

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Answered on 10/26/07, 7:57 pm


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