Legal Question in Wills and Trusts in California

Re: probate

No, your brother does not have such a right. You brother can get into serious trouble if he tries to take an interest in the estate that belongs to a brother or sister. My recommendation is that you ask a lawyer to write a letter to your brother for you, making clear your brother's obligations to each brother and sister. This should help him do what is right.

Re: probate

If your mother did not leave a will, then your brother cannot be designated as the executor. If she passed away without a will, all assets will be distributed in accordance with California law. Your brother cannot arbitrarily determine who should receive what portions of the estate. If you (or another of your siblings) wish to be named as the administrator of the estate, then you should file a petition with the court. If you need any assistance, I can be reached at [email protected]

Good luck to you.

Re: probate

If your mom did not leave a Will her property will pass by intestate succession (by operation of law). Your brother does not have the right to act as if the property is his. You need to hire an attorney.

Re: probate

Very sorry to hear of your mother's passing and the current family discord. Money does strange things to people.

Unfortunately, without a will or trust, there could be a problem for you, but it depends on where and how your mother made her "share and share alike" comment.

Please take a moment and read through some of the rules for Probate on our firm's site at No-Probate.com.

If you would like to come in, or call, for a free consultation, please feel free to use the number provided by LawGuru.

Thank you and good luck!

Scott