Legal Question in Wills and Trusts in California
What happens if no probate is started
my mother in law passed away 1 yr. ago and left a Will leaving 1/2 her house to 1 son and the other 1/2 to 2 brothers and 1 sister to share, the estate was suppose to go into probate as we were told, but the brother who was give the 1/2 to himself was also made Executor, and he has not started a probate. Is there any recourse the other siblings have to get their share of the house or get the probate started with him being the Executor and all.
4 Answers from Attorneys
Re: What happens if no probate is started
You can apply for executor or have the current executor removed. Call me directly at (619) 222-3504.
Re: What happens if no probate is started
As you can tell, you are quite capable of beginning the Probate process yourself.
Fel free to learn a little more about Probate on our firm's site www.No-Probate.com.
If you require any assistance, please feel free to contact me with your questions.
Re: What happens if no probate is started
You can file your own petition to administer the estate. This will wake up the brother and force him to act. If you are named as successor executors, you might be able to oppose his pleadings and asked to be appointed on the basis that he has been self dealing. Before taking these steps, however, I would send him a letter announcing your intentions if he does not move soon.
Re: What happens if no probate is started
Start one yourself.
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