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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9298
Experience:  Since 1983
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Brother is executor of late father's estate.everything has

Customer Question

Brother is executor of late father's estate.everything has been settled. He refuses to give me my 25 percent of the estate. I live in colorado him in calif. What re corse do I have?
Submitted: 1 year ago.
Category: Estate Law
Expert:  N Cal Attorney replied 1 year ago.

Was he appointed as Executor by the court in California?

Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
Wh at can I do? Do I have to go to calif.?we r only talking $9500.
Customer: replied 1 year ago.
Still waiting on answer to followup queztion
Expert:  N Cal Attorney replied 1 year ago.

Give me a few minutes, I want to post some sections of the California Probate Code.

Expert:  N Cal Attorney replied 1 year ago.

California PROBATE CODE SECTION 8200

8200. (a) Unless a petition for probate of the will is earlier
filed, the custodian of a will shall, within 30 days after having
knowledge of the death of the testator, do both of the following:
(1) Deliver the will to the clerk of the superior court of the
county in which the estate of the decedent may be administered.
(2) Mail a copy of the will to the person named in the will as
executor, if the person's whereabouts is known to the custodian, or
if not, to a person named in the will as a beneficiary, if the person'
s whereabouts is known to the custodian.
(b) A custodian of a will who fails to comply with the
requirements of this section shall be liable for all damages
sustained by any person injured by the failure.
(c) The clerk shall release a copy of a will delivered under this
section for attachment to a petition for probate of the will or
otherwise on receipt of payment of the required fee and either a
court order for production of the will or a certified copy of a death
certificate of the decedent.
///

8400. (a) A person has no power to administer the estate until the person is appointed personal representative and the appointment becomes effective. Appointment of a personal representative becomes effective when the person appointed is issued letters. (b) Subdivision (a) applies whether or not the person is named executor in the decedent's will, except that a person named executor in the decedent's will may, before the appointment is made or becomes effective, pay funeral expenses and take necessary measures for the maintenance and preservation of the estate. (c) The order appointing a personal representative shall state in capital letters on the first page of the order, in at least 12-point type, the following: "WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED."

He has no legal authority to act as executor.

Did your father leave a will?

Please confirm that he resided in California.

Customer: replied 1 year ago.
I'm not sure if it was written.brother just stepped in and took over. Father's last wishes were known. Once dad's property was sold the trouble began he kept saying till week ago he was going to do the right thing
Know he feels he owed this momey. For the work he did on the estate
Expert:  N Cal Attorney replied 1 year ago.

Was there a Will or not?

Customer: replied 1 year ago.
I don't know if it Was written or or not verbal yes.but we know what that is worth. His wishes were well known though.as brother distributed all funds to all parties involved. Including dad's girlfriend. Except to me.
Expert:  N Cal Attorney replied 1 year ago.

If there was no will, the property is supposed to pass to the heirs under the intestacy laws, see

http://heirbase.com/california_intestacy_laws/

but the heirs can agree on a different distribution.

An oral will is not legally valid.

Someone is supposed to file a petition to be appointed as Administrator of the Estate, get Letters of Administration issued by the Court, then take charge of the Estate property, publish a notice to creditors, file a final tax return, and account for their management. This can be done without a lawyer using

http://www.nolo.com/products/how-to-probate-an-estate-in-california-pae.html

The administrator gets a small percentage for doing this.

Everything your brother has done is illegal, and you or another sibling should probably file a probate petition, get appointed, then force the brother to account for every cent that he handled.

You can get a free consultation from some of the probate attorneys listed by location here.

I hope this information is helpful.

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