Las Vegas, NV asked in Real Estate Law, Estate Planning and Probate for California

Q: My mother died in January and my brother has taken over her estate without contacting his brothers regarding her house

He didn't contact his brothers regarding her house and everything is in his name, Do I have options Thank You

2 Lawyer Answers
William K. Hayes
William K. Hayes
  • Estate Planning Lawyer
  • South Pasadena, CA

A: If the title to the home is in your brother's name, either your mother willingly signed the deed over to him or something may have been done that may be legally questionable. If you truly believe that your mother would not have given the house to that one brother, then there are questions which should be answered regarding whether your mother was subjected to undue influence or was she mentally capable to understand what she was doing when the title to the property was transferred.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: If your mother passed away without a will, her estate would generally be subject to California's intestate succession laws, which dictate how her assets are distributed among her surviving children.

If your brother has taken control of the estate without proper authority or has failed to perform his duties lawfully as an administrator, you have the right to challenge his actions in probate court.

You should file a petition to the court to either appoint yourself or another sibling as the administrator, or to oversee his administration of the estate. You may also demand an accounting of the estate's assets. It’s important to act promptly, as delays can affect your rights.

Seeking legal advice from an attorney experienced in probate and estate administration is advisable to understand your legal rights and the steps necessary to ensure that your mother's estate is handled appropriately and fairly.

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