Is there a legal form that can be used to guarantee my brother share our mother's settlement?

Question

My mother was a Psychiatric Technician at Patton State Hospital. She was injured at work in 2004. 
She was deemed disabled and medically retired due to her injuries sustained at Patton. She initiated a lawsuit in 2005 against workers comp/state fund. She passed away in September of 2020. In October of 2023, my older brother and I attended a court hearing over the phone, and my mother won the lawsuit 3 years after her death. My brother is asking that I sign for him to be in charge of the money so we avoid probate, but I am concerned with this. Is there any way I can get a notarized agreement that will have any legal standing in the event that he decide not to give me my half of our moms money?

Julie King · Answer

Assuming your mother lived in California, the response to your question can be ascertained once you answer two questions:  (1) Did your mother have a Trust or Will?  (2)  What is the collective dollar value of your mother's assets as of the date of her death?  If her assets were valued at $154,500, you should see an attorney about the legal requirements for probate. If her assets are valued at less than that amount, there is an affidavit that you can sign, but it must contain specific language required by law, which is too long to put in this answer. I hope that helps!

James L. Arrasmith · Answer

In California, if you're concerned about ensuring the equitable distribution of your late mother's settlement, it's understandable to seek a formal agreement with your brother. 
 
A notarized agreement can indeed be drafted to outline how the settlement funds will be managed and distributed. Such an agreement, once signed and notarized, becomes a legally binding document. It can stipulate the division of the settlement, responsibilities of the managing party (in this case, your brother), and any other terms you both agree upon. 
 
To ensure the agreement covers all necessary legal aspects, it's advisable to have it drafted or reviewed by an attorney. This is especially important in estate matters, where the intricacies of law and individual circumstances can significantly impact the outcomes. 
 
It's also worth noting that the decision to avoid probate through this method should be carefully considered. Probate can sometimes offer a more structured and legally supervised process for handling estate matters, but it also has its complexities and costs. 
 
Before proceeding, thoroughly discuss and agree upon the terms with your brother. Clear communication and mutual understanding are crucial in such sensitive family matters involving finances and estate settlements. 
 
In summary, creating a notarized agreement is a viable option to ensure your interests are protected. However, professional legal advice is strongly recommended to ensure the agreement is valid, enforceable, and aligns with California law.

Q: Is there a legal form that can be used to guarantee my brother share our mother's settlement?