Sacramento, CA asked in Estate Planning and Probate for California

Q: My brother had his lawyer draw up papers stating anyone who took property from my moms estate will be cut inheritance

Are these papers enforceable since it's not his property &there hasn't been a probate court hearing yet? Can this stop him fr being the administrator?

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2 Lawyer Answers
David Ostrove
David Ostrove
Answered
  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in California

A: The probate Court Judge will sort this all out. If you want to call something to the attention of the Probate Court Judge file a petition with the Court putting all facts before the Court. Give Notice to all parties. Use a lawyer familiar with Probate Court Procedures.

Nina Whitehurst agrees with this answer

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
Answered
  • Estate Planning Lawyer
  • Carlsbad, CA
  • Licensed in California

A: This should not be enforceable at all. unless it is in the Will or the Trust. The very fact that he and his lawyer would say something so outrageous might be enough to keep him from being the Administrator if you can convince the judge that he does not have good intentions.

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