Legal Question in Wills and Trusts in California

Probate question? Orange County, Ca

My Mother passed away & left her house to my brother & I. He lives in the house. Her house is paid off so he lives there with no bills other then utilities which add up to nothing!

I went to the house the other day to gather information I need to go forward with probate. I went through the mail/bills. I was shocked to see my brother has NOT changed any of the bills OUT of my Mother's name after 7 months since she passed and he is NOT paying most of them, just the bare minimum. Utility companies have SHUT OFF letters there. Since the bills are STILL in my mothers name it doesn't go against him. That way he ruins her credit and it doesn't affect him. He must figure this is a good way to save money and NOT affect HIS credit. He makes GOOD money so I don't understand this?!

When I get probate going is all those bills HE has ran up living there going to be taken out of BOTH halfs of the estate? Its not fair I should lose out when he is living there & NOT paying. The only thing he's paid is her home owner insurance & taxes. How is this 7 months that he's lived there going to affect MY half of the estate? I had NO clue he was NOT paying her bills.


Asked on 4/17/08, 7:06 pm

3 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Probate question? Orange County, Ca

Go to probate, make the point and propose that those expenses be deducted fromhis share of any inheritance. It request will likely be granted if the facts are as you say. Given the picture you paint of your brother, I'd strongly suggest you hire an attorney to represent you as the personal representative of the estate and the estate itself. All fees must be approved by the court before paid and are largely statutory and based upon the value of the estate.

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Answered on 4/20/08, 2:53 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Probate question? Orange County, Ca

You can certainly bring it up. In essence he was stealing from your mother. It's really no different than him using your deceased mother's credit card. He stole utilites. I thing the judge will charge the expenses to his share of the estate.

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Answered on 4/18/08, 3:48 pm
Frankie Woo Fiducia Legal

Re: Probate question? Orange County, Ca

Your brother has no obligation to pay the bills, since you were presumably the executor since you said you are going forward with the probate. The executor or personal representative is the one who is suppose to change the name of the utilities, and the one who is suppose to handle the administrative expenses, debt, bills, etc.

What will happen is that these bills will be paid from the estate, with what's left from the estate split up between you and your brother. You have a smart brother.

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Answered on 4/18/08, 1:29 am


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