Legal Question in Wills and Trusts in California
Can I sue my brother and my mom husband for 1/3 of my mom property since she past away month and half? Can I get any conspenation for taking care of my mother while she was dying? Can I have him procesuted for stealing the money and sent him to prison? Also, we did a pre will in the hospital but it was not notaice. Is that legal? There are property involved? My brother has done some illegal things and he is a felone too. For instance he had shipped some boxes of papers as book rate by using his sister and a neighbor. Also, he had 2000 dollars taken from our mom bank account and put it in his bank account without telling my mom husband about it and he lied to me about using the money for bills.
1 Answer from Attorneys
The proper procedure is to file for probate; anyone with a potential interest in any part of the estate can file. You can also ask that you be appointed the administrator, but since your brother and step father will probably oppose you you should consider nominating someone with the background to handle the gathering and distribution of the assets. If your mother prepared a Will solely in her own handwriting while she was mentally of sound mind, that Will decides how the property is divided. You probably can not collect as to your taking care of your mother unless you can show that it was clear you expected to be paid for that. Do not expect the DA to go after your brother and it is probably best for now not to do something that will cause him to seek revenge against you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
