Legal Question in Wills and Trusts in California

probate?
My mom died--name removed--2004 without a will. We (my 2 brothers, 1 sister and I)decided to let brother#1 be executor to handle probate issues.--name removed--2007 brother#1 asked us to let him borrow money against moms house (which--name removed--paid off) for his personal business. We said ''NO''.--name removed--2008,without our knowledge or permission, brother#1 put moms house--name removed--his (and only his) name. Brother#1 then got the loan he wanted using moms house as collateral. Did brother #1 break the law when he did this against our wishes and without our knowledge??

Asked on 5/17/09, 6:59 pm

3 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

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Re: probate?

Based on the facts you provided, yes he did and you will now need to bring an action against him in the Probate proceeding.

You may really want to retain counsel for this part as it may become a it complicated and it will be hitting a bit too close to home to remain impartial.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 5/19/09, 2:35 pm

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