Legal Question in Wills and Trusts in California
My mother died here in California on 2/23/2017. My 2 brother's treat me like I'm not an heir though I am in the will. My eldest brother, 13 years older than me has told me all my life I would get nothing when our parents die. We don't speak. He filed for executorship and the court date is 05/31/2017. I was planning on going and contesting his request. I logged onto the courthouse site and see that the judge has already granted his request on 05/26/2017. I'm shocked. What should I do?
2 Answers from Attorneys
You can still go to the hearing. You have not said on what grounds you would oppose the appointment, assuming the will nominates your brother as executor. Since there is apparently enough property to justify a probate proceeding, you should consider hiring your own attorney, at least on a limited scope basis. See, for example, http://limitedscopecounsel.com
The ruling may be a "tentative ruling," which some courts issue. I would also go to the hearing to oppose the appointment, though I do not know what grounds you have for your opposition. You may also want a brief paper on legal paper (with the numbers down the side) to state the grounds for your opposition.
I agree that counsel to assist you here makes a lot of sense. This would at least help you enforce your rights under the will, even if your contest of your brother's right to be executor does not succeed. These matters are deceptively complicated, with lots of rules that must be followed.
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