Legal Question in Wills and Trusts in California

My father passed away without a will and my brother has taken to creating a trust for himself on my father's house. He is in CA and I am in FL. There are 5 siblings and no inclination on my brother's part to inform us of the upcoming sale of the property. Do I have legal recourse to bring this issue to light in the courts?


Asked on 9/18/22, 9:09 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

Yes. You or one of the other siblings needs to open a probate case and ask to be appointed executor. I'm not sure what you mean by "creating a trust for himself on my father's house" because if the house is in your father's name, no one can put it in a trust or sell it without a probate. You really need to contact a probate attorney in the county in which your father passed away.

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Answered on 9/19/22, 7:59 am


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