Legal Question in Wills and Trusts in California

I am very sorry to hear of your losses. Depending on what mom's assets are a probate may be required. Generally speaking the threshold is $150,000 however in your case the question will come down to if there are titled assets (banks, real estate, etc...) that are still in mom's name. If so, that could require a probate no matter what since your brother can not sign to claim his portion by small estate affidavit. It is also possible that your brother will require a probate. Again, dependent on the value of his assets. I would need to know details on the assets to give a more firm answer. If you contact me with the details I can try to give a more complete answer to you. Best of luck. -John

John's answer above is quite accurate. It is also possible that the piece of paper you mention above may be a will. You should seek legal advice. If you are located in Stockton, John may be able to assist you better than I am. However, I too am willing to help.

Feel free to give me a call at (408) 268-2580.

Good luck.

Sincerely,