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Mother passed away in October 2017 brother is listed as

Mother passed away in...

Mother passed away in October 2017 brother is listed as first executor then myself if he can not do it. My brother has not filed the will with the court so he is not legally the executor in the courts eyes. However he has been doing things as if he is. He is living in the home, driving the car, has all assets in the home he has not divided and have been made aware he is going to try and sell the property without probate. He is acting in his own best interest. How can we file the will with the court and remove him as executor if the will is not filed already?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

California

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

We have the will, he has told us he has not filed and will not because the estate is not worth much but there is property mom owned in guam a us territory over $300,000 and he has not filed probate on that, he has not given any accounting or inventory of items in moms house and has changed the locks and wont allow us to see or have the jewelry appraised or any other items in the house in which he and his daughter continue to leave there rent free. he has not changed any utilities out of his name and has not opened up an estate bank account. he actually sent me a message advising he wasn't not going to file the will with the courts and now we find hes trying to sell the guam property without probate

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

He has given items to his heirs and now claims things in the will for all three sons were verbally given to him only before moms passing

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Answered in 1 minute by:
3/13/2018
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,266
Experience: Texas lawyer for 30 years in Estate law
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Customer reply replied 4 months ago
okay

Yes you can make application to probate the will and be named as executor.He is self dealing and not fulfilling his fiduciary relationship.You are going to need a lawyer here locally to force the issue and get your fair share.You have great facts to do this and get probate moving along.He is not being fair at all.

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I appreciate the chance to help you today.So sorry the brother is doing this, you have legal rights here in probate court.

If you can positive rate 5 stars it is sincerely ***** *****

Prayers to you here.

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Customer reply replied 4 months ago
I seen the petition to remove an executor but that is only if the court recognizes him as the executor and since he has not filed the will or opened probate he is not known as such with the courts. So do I just take the will to the court to file in and request probate and removal of executor? we were trying to do this without having lawyer fees because he had power of attorney before she passed and drained monies she had and all life insurance policies were changed to him as beneficiary only. We have no access to her stuff because he lives in the house now and has changed the locks we all use to have keys,

You would file the DE-111 and tell the court he has failed to probate will.The court can name you as executor because of self dealing and delay here.

Form www.courts.ca.gov/documents/de111.pdf​

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Customer reply replied 4 months ago
thank you so much for your help and for your sympathy, This has been a trying time and if he did not have every thing hidden or made claim to we may have had something to work with to hire a lawyer.

S​tep by step...http://www.scscourt.org/self_help/probate/property/preparing_petition.shtml​ Prayers to you here with all,thanks for rating 5 stars.

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