Legal Question in Wills and Trusts in California

Generally, the named executor has no authority to act on behalf of the state without a probate being started. Probate is a court proceeding. The person who wants to be executor will petition the court to be appointed executor of the estate. The document that provides proof and gives authority is called Letters Testamentary. This is a document that the court in a probate issues.

Financial institutions will generally not give out any money or property without Letters showing that the person has authority to act on behalf of the estate.

Sibling B should contact an attorney to being a probate proceeding, assuming that there are sufficient assets to warrant a probate.

I would be happy to discuss Sibling B's options.

J. Caleb Donner

DONNER & DONNER

LEGAL WARRIORS�

910 Hampshire Road, Suite R

Westlake Village, CA 91361

Tel: 805-494-6557

Fax: 805-409-8677

Email: [email protected]

Website: www.LEGALWARRIORS.com

DISCLAIMER

This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. We will only represent you based on a written retainer agreement. Therefore, you should contact this office to discuss representation if you do want legal advice/representation.

Suggest you contact a probate attorney to commence probate proceedings and seek a court order restraining sibling A from attempting to act as executor on behalf of the estate.

FIle the petiton for probate. You can also get temporary letters quickly if there is a problem. Show any relevant parties the new documents and advise them of the circumstances. Get your new counsel to send a letter immediatley requesting the the offending sibling cease and desist.