Legal Question in Wills and Trusts in California
My sibling had our mother sign a last will and testament. My sibling was at the time our mothers primary contact and support. Our mother also suffered from dementia and was highly "suggest-able"
In that will our mothers home was listed as an asset and upon its sale the proceeds would be divided between us.
My sibling has sold the property, some time ago (~1year) and did not inform me of the sale. When I discovered the sale I requested that I be given my distribution of the proceeds, but she is resisting for reasons unknown.
To my knowledge there was no formal executor for the will save for my sibling. I also suspect that she may have used all the funds for her own purposes.
What actions may I take to gain the distribution described in the will?
1 Answer from Attorneys
You probably need to talk to an attorney and have him or her ask you questions to draw out more relevant facts. Your attorney will need to see the will and the deed created for the sale of the property. One avenue may be to open a probate proceeding and pursue your sibling for a return of the proceeds of the sale.
This is not something you should do on your own. I have seen too many cases where someone was successful in filing the petition or complaint, and then floundered forever with the court processes, only to see the case dismissed or to recover far less than was deserved. An investment in competent counsel will pay off here.
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