Legal Question in Wills and Trusts in California

My mother died leaving 5 children in her will. At the time, all siblings agreed that my sister would be designated conservator of the estate to clear up some confusion with the deeds to my mother's properties, she worked with an attorney to do that. Now that everything is cleared up, she suddenly wants to sell the property without our consent. Can she do that? Does her having conservatorship give her full power to dispose of real estate without the other siblings agreeing to it? Can we challenge her conservatorship now?


Asked on 11/29/11, 9:18 am

1 Answer from Attorneys
Jennifer Rouse Meissner Joseph & Palley

Was your sister appointed conservator before your mother's death? A conservatorship is for a living, but incapacitated adult.

It sounds like your sister is actually the executor of your mother's Will. Is there a probate going on with the court? If so, even if your sister has independent powers in the probate she must give all the beneficiaries of the estate notice of the sale of the properties. You can object once you receive the Notice of Proposed Action. If she doesn't have independent powers, then she must petition the court to confirm the sales.

If there is a trust and your sister is trustee, then your sister has broader powers as detailed in the trust document and does not necessarily have to inform any of the beneficiaries of the sales or get anyone's consent.

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Answered on 11/29/11, 9:29 am


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