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My mom died Dec 10,2016 and my family refuses to distribute…

Customer Question
My mom died Dec...

My mom died Dec 10,2016 and my family refuses to distribute her belongings. There is no will anymore to the best of my knowledge. My brother and 2 sisters got my mother to add my brother to moms deed 1 year after mom was diagnosed with Alzheimer's so he inherited the house. He refuses to share the rest of the estate (which isn't much)with anyone else. There was money stolen from mom from the same three siblings while they had POA over mom. The POA was signed AFTER her doctor said she could only make simple decisions and none regarding finances. What can I do to force them to share the estate among all heirs? There are 7 children, 4 which have stuck together making sure they got everything they wanted. My dad passed away in 2009, so it's just the kids left

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: What documents or supporting evidence do you have?

What types of documents are you asking

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have bank account statements, the letter from the doctor

Submitted: 7 months ago.Category: Estate Law
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Answered in 1 minute by:
12/5/2017
Estate Lawyer: RayAnswers, Attorney replied 7 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,189
Experience: Texas lawyer for 30 years in Estate law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Estate Lawyer: RayAnswers, Attorney replied 7 months ago

You can make application for probate here.You file a DE-111 to be named personal representative.Once you are named PR you can gather assets and sue if you have too in order to get them.The asses can be sold if necessary and proceeds divided.The court if there is no will have to name legal heirs under laws of intestacy.

Form

http://www.courts.ca.gov/documents/de111.pdf

Step by step

https://apeopleschoice.com/how-to-fill-out-petition-for-probate-california/

You can sue the POAs if there was mis spending.All are liable for that if funds were wrongfully taken.

I appreciate the chance to help you and wish you the best.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 7 months ago
How do I find an attorney to help me with the process
Customer reply replied 7 months ago
Not able to talk on phone right now just needing answers and help please
Estate Lawyer: RayAnswers, Attorney replied 7 months ago

Contact the State Bar for Help

Here you go, thanks again for the chance to help.

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Estate Lawyer: RayAnswers, Attorney replied 7 months ago

Thanks again for rating 5 stars..

I wish you a Happy Holidays.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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