Legal Question in Civil Litigation in California

My older brother and his fiancee are residing with my 73 year old mother in a well to do area of southern calif. I am having increasing issues and concerns that as soon as my mother passes away, and the will stating 50/50 between my brother and I, that his less than honorable fiancee will convince him that THEY need to stay in my mothers home with no reguard to what is stipulated in the will. Is there a platform to where I can ask/demand that my 50% interest be given to me before she passes away in order to maybe save what little relationship i have with my brother.? Is this so unusual a request? Thanx


Asked on 8/04/09, 7:32 am

2 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

No, you cannot have a special request before she passes away because it is in a will. But if your brother and his fiancee in the future do not follow her expressed in the will, you can bring a lawsuit at that time.

You could, in the alternative, try to convince your mother to gift or transfer to you what you want outside of a will now while she is alive.

Larry L. Doan

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Answered on 8/04/09, 12:48 pm
Terry A. Nelson Nelson & Lawless

Unless you can negotiate something now between all the parties, you'll have to wait until she passes, then file a probate Petition for division of the property. IF, IF, you believe she is being taken advantage of, you could consider filing a Guardianship or Conservatorship Petition if needed to protect her and her assets. If serious about getting legal help in this, or consulting to determine what needs to be done, feel free to contact me.

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Answered on 8/04/09, 2:12 pm


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