Legal Question in Wills and Trusts in California

my mother died a year ago. She told me many many times that when she died she was leaving several things such as her new car.the entire family room furniture,her new refrigerator and all the cooking ware and appliances used in the kitchen. I also had several expensive items at her home that were stored there. My older brother had power of attorney and was horrendous towards me after she died. BTW I was by far closer to my Mom than either of my brothers but my oldest brother was named power of attorney because he was the oldest. My brother never let me see the will nor did he include me in any of the process.. I was living and taking care of my mother at the time she went to hospital, 4 day later she past away I was working and wen I came home my brother was there he told me wen I pulled up that I was no longer welcome there and that the locks had been changed and that I needed to leave refusing to let me even gather and collect my belongings that I had telling me that he would call and let me know were and wen I could come get my things while going on n on yelling and threatning. I left assuming that he would soon let me know yet I never received any calls nor was I informed of anything regarding the will or what was being decided between us 3 boys my mother told me many times that she had stated many items that were to go to me, and I had a lot of personal belongings that I had stored there for safe keeping yet I was never notified of anything our given any opertunity to be a part of what was in the will. The hose sold for over $240.000 and she had many nice things that I'm sure sold in the estate sale. My brother refused to give me a copy of the will or any info at all and wen I finally did get ahold of him he told me that he would be only giving me $1000.00 dollars per month and sent me letters and text messages putting me down and stringing me along. When I finally said that he had no rt to hold my money he tried to argue threaten me etc etc which I have all letters and text of what he said. After having to demand my share he tried thretining me with telling me that he would have his lawyer take care of me. I told him that would be perfect please have him call me. Later that next day he transferred the money into my account and left me message saying he never wanted to talk to me ever again. The problem with it is ther is no way that I was only left with $ 50.000 even. His reactions clearly show he is lying and has not been fair after all the house sold for over $140.000 and who knows what was made in the estate sales my mother only had expenses of maybe $30.000 and she specified that I was to have her car as well as many other things yet my brother took the car away from me and failed to include me in anything I'm sure I should have and was intitled to and never gave me anything my mother wanted me to have or my personal belongings he promised to inform me to come get. I need an attorney to look into everything and see how he has lied and failed to be honest. It's obviouse he has not been true in deviding things properly and needs to be made rt he has lied and cheated me out of not only tangible items that were specified by my mother to have gone to me but any were from $20 to $30 thousand dollars less than what I should have been given. I canbe contacted at [email protected] Thank You...


Asked on 9/25/15, 7:01 am

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

It's likely, more than not, that there's a trust, not a will, because if there were a will you would have been provided notice of the petition to admit the will to probate and your brother wouldn't be able to distribute funds without a court order.

So there's a trust, probably. If so (you can find out by reviewing the chain of title of the property), then your brother is obviously not doing his job correctly. You need to hire a trusts and estates lawyer to represent you, preferably one in the county where your brother resides, or nearby, as any court petition pertaining to the trust would be filed in that county, even if your mother lived elsewhere.

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Answered on 9/25/15, 9:20 am


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