Legal Question in Wills and Trusts in California

You will have to retain an attorney and sue him in probate court, if there is still time.

Depends on so many things. A lot of times the person hasn't started probate because they are living in mom's house (for free) and don't want to have to move out. Other times there are bigger problems. The bottom line is each case is different. In any event you should hire an attorney ASAP and look into this! I do probate work throughout the state if you want to chat about your case. -John

A lot will depend upon the circumstances. For instance, did your father have a will or a trust? If so, what were the terms of the trust? If you do not have a copy of these documents you need to request them. If your brother refuses to provide a copy you should have an attorney demand the copy.

If your brother essentially refuses to do anything you can file a Petition to have your brother removed from his position as executor and have the court appoint a new (successor) executor.

It sounds like you need an attorney to discuss your options.

Having a rough idea of the total value of your father's assets and liability will be helpful.

Let me know if you would like to discuss this matter.

Caleb

[email protected]

Each case is different but you will probably have to initiate a proceeding in the Probate Court to either force your brother to do what is requred or for you to replace him. If you would like to discuss this further, please feel free to give me a call.

Jon Reich

310.478.2541

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