Legal Question in Wills and Trusts in California
How Do I Go About Securing A Conservatorship?
My brother and I are the only aires to my mother's estate in which he as made himself the successor to the Trust. He has not given an accounting of the estate and its items and/or items sold. My mother and I have continuously been harrassed by my brother through various crimes which include identity theft, embesslement and fraud. These crimes against myself and my mother extend before and upto her demise 12/24/2008. I need help now
1 Answer from Attorneys
a conservatorship is not the legal proceeding which is needed. it is not clear whether there is a trust or a will that your brother is acting on. if it is a trust, you will need to demand in writing an accounting of the trust from your brother and then file a petition with the probate court to have him removed as trustee. if it is a will, and if no probate was inititiated, you will need to file a petition for probate. you should retain a qualified attorney to provide you with specific advice, prepare any necessary petition, and represent you in the probate department of the superior court in the county in which your mother died.
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