Legal Question in Wills and Trusts in California
how to stop my brother
my father passed without a will, i have filed as admin. of his estate with one brother agreeing with it. i have a brother who has a troubled past is in and out of jail and has nothing to do with the family in 10 years. he has gone and filed for a dba to take over my dad's business with protest from my other brother and myself. he con'ed his way into my dads office and took the computer and all his papers for the business, isn't there some way to stop him from doing this. he was never part of my dad's life but steps right in and starts taking over. it's only been 2 1/2 weeks since he passed. he also states that he is going to get his own atty. to do the probate.
2 Answers from Attorneys
Re: how to stop my brother
You may be able to get a restraining order or file an action to recover property belonging to your father's estate. Assuming that you are represented, I wouldn't worry about your brother filing his own probate, just do your best to protect the estate.
Re: how to stop my brother
You should immediately petition that a special administrator be named to take control of the business and the estate until such time as the court appoints an administrator.
Hopefully, you have an attorney representing you. Probate can be very complex, especially when a business and fighting relatives are involved.
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