QUESTION

Is it advisable to retain a lawyer?

Asked on Sep 30th, 2017 on Wills and Probate - California
More details to this question:
My brother, childless and unmarried passed away in Ca. June 2017. In Feb. 2017, 4 months prior to his death,he called me and informed me that he did not have long to live and that I would be receiving the lion's share of his estate,minus his 600K Ca,house which would go to our youngest brother,who was also (executor),It is now Oct.1st 2017 and I have heard nothing from the estate.I believe he had a will and perhaps a trust? I am suspecting that the executor (youngest brother and caregiver near the end to the deceased) had our deceased brother make changes leaving him sole beneficiary when the decedent was on death's doorstep. Are there Ca, statutes and or case law that might lend support to filing a legitimate claim on this estate? What is the statutory time limit to file a claim/inquiry into the estate? Thank You.
Report Abuse

1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
Update Your Profile
California law presumes that any gift to a caretaker, even if a family member, is made under undue influence.  If your caretaker brother received the entire inheritance, then you can file a petition with the probate court to invalidate the trust.  Contact an attorney for a full consultation.
Answered on Oct 06th, 2017 at 6:40 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters