Legal Question in Wills and Trusts in California

Probate No Will Question

father passed away nearly 3 years ago. he had no will. a sibling gained conntrol of all his assests, changed property in her name. then sold property and not willing to share proceeds with 5 other siblings. his estate did not go troug probate. is this also considered criminal fraud?


Asked on 12/11/06, 1:36 pm

2 Answers from Attorneys

Probate No Will Question

Depending upon the amount of the estate and whether there was real property a probate may have been required.

The sibling misappropriating all property to themselves and the manner in which they did it could subject them to criminal prosecution. However, we would need more information.

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Answered on 12/11/06, 1:43 pm
Scott Linden Scott H. Linden, Esq.

Re: Probate No Will Question

If there was real property involved, then the averages are that it was worth over the $100,000 threshold that requires Probate.

We would need additional details, however, you may have a claim that is actionable.

Please feel free to contact our office to set up a free consultation. You can also learn morea about the Probate process at our firm's site No-Probate.com.

Scott

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Answered on 12/11/06, 2:40 pm


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