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I need to know what I need to file to stop my brother the Trustee from selling off anymore of our fathers property.

Fresno, CA |

My dad had property in California when he passed away 9 months ago. One of my brothers became the trustee and has refused to lodge our fathers Will and now says their isnt one. Which is False. We all have a copy. He hasnt Petitioned for Probate and now he is selling off our fathers house and property for a lower price then some of us feel is the fair market value. He has allowed another brother to completely take everything from our fathers home without notifying us. Please help

Attorney Answers 3

Posted

You need to petition the court to review his acts and/or file for a civil injunction. I suggest acting quickly since it has already been 9 months.

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

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Posted

In most states a copy of the Will can be probated if the original is not available. Take your copy to your lawyer and give him all of the facts to help you.

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Posted

As Trustee he owes the beneficiaries a fiduciary duty. It appears that he is breaching that duty. I recommend you retain an experienced estate administration/litigation attorney to review the matter and take whatever actions are required to either put your brother in line with the terms of the Trust and the Probate Code or have him removed.

No legal representation exists by virtue of this answer. It is recommended that you contact an attorney directly for a more complete response.

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