Legal Question in Wills and Trusts in California

My friend lived and worked with his father. Father passed away. Estate is in probate, executor being pulled from sister and given to brother. Neither siblings live in father's home. Sister has taken items, brother changed locks on the house and locks my friend in at night. He can't leave the house or take his dog out to urinate(obviously illegal.) Brother has also told my friend no one can come to the house. House will more than likely be sold. Brother and sister trying to keep my friend from his share of the estate. Brother wants to close the probate without doing inventory, saying there is nothing of value. But there is. Brother has niece posted up at the house, she has key but if he leaves she will lock him out. What recourse does my friend have? Brother is trying to get full authority to administer under Independent administration of estates act.

Asked on 8/11/13, 9:04 pm

2 Answers from Attorneys

Scott Jordan Dunning Law Firm

Your friend needs to consult with a Probate litigation attorney immediately. The attorney can object to the appointment of his brother as administrator of the estate or at least monitor what is going on and make sure your friend receives what is due to him.

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Answered on 8/12/13, 9:45 am
Victor Waid Law Office of Victor Waid

I agree with Scott Jordan.

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Answered on 8/12/13, 10:12 am

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