Legal Question in Wills and Trusts in California

named in my uncles will

I recently found out that my uncle who died 3 years ago had named my brother, my sister and I in his will. My uncles brother whom I beliece was the executor took that money for himself without our knowledge. How could he have done that and is there anything I can do to get it back.


Asked on 1/18/09, 11:59 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: named in my uncles will

He has committed a crime for which he can be jailed and also sued by all three of you in civil court for your damages. At least two of you, so that you have a witness need to speak face to face with him or on the telephone with one of you on the extension and ask him why he did that, when he will repay the three of you, how much will he give in damages [at least interest for the three years], what happened to all the assets, when he will give you proof of what exactly was in the estate so that yo know how much he may have stolen from you, whether he was ever appointed by the court to handle the Will, and what else did he fail to do correctly [such as pay taxes, debts]. If he refuses to do things as the three of you want [decide in advance how the three of you want to handle the problems and what solutions you want, and who will be the spokesperson for your group], do not say well then we will have you thrown in jail, because that can be considered blackmail [forcing someone to do something against their will by threatening them with physical, economic harm].

If he will not speak to you or co-operate, copnsider hiring an inexpensive attorney to write a slmple letter to him pointing out why he should return the money and do other things, including paying for the attorney. If that still does not work, you need to file a superior court action against him [go to probate court if case was probated] and try to tie up his assets so that ther is something for you to collect.

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Answered on 1/19/09, 12:13 am


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