QUESTION
Can my brother sue my mom for our dead dad’s things?
Asked on Jan 12th, 2015 on Litigation - California
More details to this question:
He keeps making awful threats because mom was left half of dad’s savings. The brother half as well but he wants her half too. I’m afraid for my mom’s well-being.
5 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Tell your brother to get a lawyer specializing in probate to write a letter on your mom to explain to brother why he is not entitled to other half of dad's property; he is lucky to get anything.
Answered on Jan 14th, 2015 at 6:54 PM
Edwin K. Niles
Is there a probate proceeding pending? If so, talk to the lawyer handling. If not, is this a small estate, where probate is not necessary. I take it there is a will; who is named as executor? Lots of unanswered questions. In any event, bro is not entitled to mom's share, according to what you say. However, if he is the executor and there is a probate, he has the duty to gather (sequester) assets. Maybe that's what you are talking about.
Answered on Jan 14th, 2015 at 6:54 PM
2 Awards
Anyone can sue anybody for anything. Doesn't mean they can win.
Answered on Jan 14th, 2015 at 12:34 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Anyone can sue for anything. If he does, he will lose.
Answered on Jan 14th, 2015 at 12:30 PM
This has already answered. You have to give more facts, but why would you think he has any legal right to sue? She should tell him to stop harassing her.
Answered on Jan 14th, 2015 at 10:25 AM