Legal Question in Wills and Trusts in California

Probate

My mother has made a will with an attorney, She has specified a equal division of assets into a trust between myself and two brothers. Her estate is worth over one million dollars. My older brother is appointed as the executor. My younger brother is mentally handicapped. Based on past performance, I am conerned about my older brother handling the distribution of private property within the home, including, among other items, six figures in diamonds and other jewels. How can I ensure this property is divided equally thus protecting myself and my younger brother's interest? Do I need an attorney?


Asked on 4/08/08, 10:54 am

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Probate

make sure your brother knows that you know about those items in the house. give him a letter containing the inventory. then ask him to give you an accounting. you don't need an attorney but it might help.

Read more
Answered on 4/09/08, 12:30 am
Jeb Burton The Burton Law Firm

Re: Probate

I am sorry I might have missed this, has your Mother passed away? If she has not, there is not much you can do at the moment except talk to her about it. If she has passed away... are the assts in a trust, or in probate (you stated that she has a will that leaves assets in trust, this is not normal, you generally either have an existing trust, with a pour over will, or a will by itself)? We would need clarification to answer your question.

Read more
Answered on 4/08/08, 1:07 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California