My father passed away this year, my brother claims to have his will but will not give a copy to the spouse or the 3 siblings

Asked about 1 year ago - Clayton, CA

We believe that the will he claims is invalid or does not exist. Our mother is alive but very Ill and being manipulated by him to his advantage we all live in calif. how do we force him to provide this info to us and or to see if it exists? Without going thru probate and further health risk to our mom?

Attorney answers (4)

  1. Christine James

    Pro

    Contributor Level 19

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    Answered . Without being willing to go through probate, you are not likely to get anything from your brother based on your facts. Due to your concerns about your mother's health, there is no action you can take that would leave her out of it. Since it sounds like a long term marriage, she is likely the sole heir of your father's unless there is a will. Your concern should be what happens with your mother's estate and your brother's influence. I would take very detailed notes of what your brother is doing and prepare yourself for a potential issue if a will of hers shows up favoring your brother after she is gone. Good luck.

  2. Genevieve Wall

    Contributor Level 11

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    Answered . Your mother, or you, can file a Petition for Probate seeking Letters of Administration to administer your father's estate. If there is a Will, this will force your brother to produce it. If he doesn't, you or your mother can be appointed to administer the assets, and the probate code will dictate who inherits your father's property in the probate. I would get the help of a probate attorney right away.

  3. Charles Adam Shultz

    Contributor Level 19

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    Answered . What is your moms competency? Does she need a conservator. You can't get from a to b without court given your brothers conduct. You need to consult a probate attorney with elder law/conservatorship experience.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  4. Edward Warren Goodson

    Contributor Level 11

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    Lawyers agree

    Answered . I'm certain that a qualified probate attorney could help you convince your brother to share the will (or admit that it doesn't exist). An attorney would probably need to ask you many questions before recommending the best course of action, however.

    You can find good Contra Costa probate attorneys here on avvo.com, and you can also look for attorney certified specialists in probate law by going to http://members.calbar.ca.gov/fal/MemberSearch/Q... . Most probate attorneys in your area will give free consultations, as will my firm.

    Good luck!

    Please call me for a free consultation at 925-362-4230. The information you obtain at this site is not, nor is... more

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