Legal Question in Wills and Trusts in California
sibling stole parents estate
After my Father died my sister and her daughter who was already living off my parents became caretakers for my Mother who had a stroke a few years before. They were collecting her social security and living rent free. During that 14 months before my Mother died my sister had a notary come in and had my Mother sign the house over to her. My Mother had brain damage from the stroke and was unable to make this decision. There are four kids and my parents Will from 20 yrs. ago says everything gets split between us. However , it doesn't list an executor because my Father always believed us kids would always do the right thing. She refuses to sell or move out. How do we get this property back in my Mothers name so we can deal with it as her estate. My other sister thinks one of us other three can file for executor but the house has been in my one sister name for 1 year. She really has stole my parents entire estate. She switched my Fathers vehicle into her name after his death. She has everything in the house including the ownership of the house. This is completely unfair what can the rest of kids do? Please help us we are in So. Ca. house is in Yucca Valley, Ca. Is there a lawyer we can hire that we can pay out of the estate sale.
3 Answers from Attorneys
Re: sibling stole parents estate
If you haven't found an attorney yet, let me know. We might be able to handle that for you.
Re: sibling stole parents estate
Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.
The answer to your question is is that yes, the probate code allows attorneys to get paid from the assets of the estate. However, in this case you have potential litigation as part of the probate, which is usually a separate part of the probate process (although a common part of the process). You can petition to become executor of your mother's estate and conduct discovery and accountings to find out about the transfers, but you should act quickly.
I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at rmiller[at]expertlawfirm.com. It's my pleasure to help in any way that I can. Thank you.
Re: sibling stole parents estate
You have to file to probate your mom's estate and bring a suit as the executor of the estate to set aside the deed as being void since you mom did not have capacity to transfer the house. You can also get an order to deduct the rental value of the house from your sister's share of the estate and of course an order to require her to move so the house can be sold.
But, you must act.
The probate law requires that the attorneys fees be paid from the estate and are subject to review of the court. You will need the funds though to initiate the probate, which is the filing fee. There may also be some discovery expenses which you will have to advance. Whoever advances these costs will be entitle to be reimbursed from the estate.
Any probate attorney in San Bernardino County should be able to help you. I would, but only on the condition that whenever possible I can make appearances by CourtCall. I checked with the probate departments there and they allow that, but there is an out of pocket cost of $60 - $90 every time an appearance is required.
So if you and your siblings are willing to advance the out of pocket costs, you can contact me and I will be willing to represent your family in this matter.
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