Legal Question in Wills and Trusts in California

It seems we may have a problem with the excecuter of my dads will. I live in Wisconsin, my family is in california. Not sure if i need to go back yet. The excecutor of my dads will is my sister. My dad was moved to a retirement home on 10/07/2009. He was incapable of careing for himself. Just so you know, he is aware of what is going on around him. He is not out of it. He has his home (it is paid off), my brother is staying there to clean it up and care for it while he is gone. The day my dad left his house my sister took his truck and said she was going to put it in her name and keep it at her house. Then she cleaned out our dads bank account. Dad said he did not give her permission to do that, infact he did not know he did not have any money in the bank. My brother and i need to know what we can do for dad. And is she within her rights. Please help.


Asked on 10/13/09, 11:28 pm

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

I am sorry to hear of your father's passing and now the problems that you are facing with your sister. Nothing makes for bigger family problems than money...I've seen it over and over again.

Couple of questions, did your father have a will or trust? If not, then everything your sister has done is improper because his estate needs to go through Probate. Actually, even if he had a will (not a trust), then the estate requires Probate. How was it decided that she would administer the estate?

It is likely that you can recover from your sister the truck and whatever money she has wrongfully taken. A further review of the facts, and answers to the quetions I asked, will be a good starting step.

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

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

Read more
Answered on 10/14/09, 2:31 pm


Related Questions & Answers

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