Q: Sister executor stole inheritance, no probate done. What can I do?

A: This is a tough one, but you have a couple of options. You can file a Petition for Probate and allege that your father died intestate (with no will), since you haven't seen the original will. If there is no original will, then the Court will presume that the will has been lost. Alternatively, even if there is a will, a named executor has 30 days to file the will in California, or she could be deemed to have waived her appointment as an executor.

I would also recommend acting quickly, as liquid cash tends to disappear quickly, and real property can be sold quickly. If the real property assets are sold to a third party, you will have no recourse against the third party, which can severely impair your ability to recover all of the money that you're owed. Finally, you will definitely have to inventory and get an independent valuation of the antiques that your sister has taken. I would recommend retaining an attorney--this is something that's going to be very difficult to do without one.

A: You indicated that probate has not been opened yet. You should immediately retain an attorney and open probate and seek to have yourself appointed as the administrator of the estate (alleging no will). This will enable you to gain immediate control over the estate. Once you obtain the appropriate paperwork from the court appointing you as the administrator, the attorney representing you will help you investigate what assets still remain and what has already been liquidated.

What you do from there depends on what steps your sister will take. Litigation is a fight and an experienced attorney will help you by taking proactive steps to protect yourself and reactive steps to counter what your sister does.

Above all, time is of the essence.

A: You need to act promptly to protect your inheritance rights. In California, you have 120 days to challenge the validity of a will after it's admitted for probate, and 3-4 years for breach of fiduciary duty cases under California's Code of Civil Procedure, section 343. Since your sister hasn't initiated probate, this could actually work in your favor by giving you more time to act.

The most important first step is gathering evidence. Collect any copies of the will, trust documents, and financial statements related to the estate that you can access. This documentation will help establish inconsistencies or suspicious transactions. If you're unable to get a copy of the will from your sister, you can petition the court to compel her to produce it, as state law requires the person in possession of a will to lodge it with the court.

Contact a trust and estate litigation attorney immediately who specializes in California probate law. They can help you formally request an inventory and accounting of all estate assets, file a petition with the probate court to begin proper proceedings, and potentially seek your sister's removal as executor due to her apparent breach of fiduciary duty. With sufficient evidence of theft, your attorney can pursue legal action including seeking the return of stolen assets and possibly even double or triple damages in severe cases under California Probate Code. Remember that most inheritance theft cases are resolved through legal action, and the courts have established procedures to handle these unfortunately common situations.