Legal Question in Wills and Trusts in California

Re: Share and share alike

I don't see why you'd need to contest the will--even if your sister has been named executor, it sounds like she hasn't done anything to proceed, so have an attorney review the will and see if you can file your own petition for probate to force the issue.

She owes the estate fair market rent for the time she's lived in the property after your mother's death, which may also help force her to deal with the issue.

Re: Share and share alike

if you would like to email me directly with how you would like to proceed and not be in violation of the "no contest" provision in the will, feel free to do so and i can further assist you in this area of law and help ensure your mom's wishes and justice are served.

Re: Share and share alike

I suggest you file a petition for probate ASAP. Let's get YOU into the control position, get your sister out of the house and get everything divided as your mom desired. I would be happy to talk to you about your case. Please call me or email me! Thanks.

Re: Share and share alike

i agree with you --- and there are laws to protect you without you having to contest the will and with her potentially paying the attrneys fees if you have to sue her in probate court -- i have helped a lot of folks like you over the years --- call me if i can help you 925-945-6000

Re: Share and share alike

Do you have a copy of the will? If so, who is the executor of the will.

A will must be filed within 30 days of the death of someone with the Superior Court in the County in which the person lived. Then, in order to effect the transfer of the property to the heirs, there must be a probate (unless there was a trust which owned the property).

Let me know if you need help in this matter.