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Question concerning libel, bullied executor of estate, by other sibling, prior to a custody battle.

Oakland, CA |

I am the sole inheritor and the executor of my my mother's estate. I am being threatened and bullied through emails by one of my siblings. The sibling is claiming that I instigated my mother into changing her will, and using my own lawyer (which are both completely untrue), and said that if I do not convince my mother to change her will, that she will talk to my ex spouse and ruin my court case that is over custody and visitation. In writing, this sibling said that by me telling my mother a few of the blatant lies that this sibling has written to me, that sharing written info is a form of elder abuse, since my mother called this sibling and told him not to write false statements. I am worried about my custody hearing and possible custody evaluations because of this sibling threats to me.

Attorney Answers 4


  1. This is a family law question. Please post it under that topic


  2. This is a family law question. Please post it under that topic


  3. Wills are generally subject to probate through the state courts of California. Challenges to the validity of a will are usually matters that are decided by the court handling the probate. If a person finds himself or herself in a probate proceeding with challenges to the will being made, a probate attorney should be retained.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684

    ** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

    Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker Fransen&Molinaro;, LLP 980 Montecito Drive, Suite 206 Corona, CA 92879 (951)520-9684 ** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.


  4. It sounds as if you are being bullied by your sibling. If she is making false written and/or oral allegations against you, we can file a lawsuit for libel and/or slander. If these statements falsely attack your character and/or earning ability, we can sue for slander and lack of per se and also request the court issue temporary restraining orders prohibiting such conduct in the future. So about the only way to address the issue is get into court and let the forces of the legal system modify your sibling's behavior.

    I hope this is helpful.

    John N. Kitta
    Fremont

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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