Can my brother keep.dads will ?
4 attorney answers
Go to the Riverside County Recorder and ask for a copy of the Grant Deed to your father's home. If the title says "joint tenancy" or "community property with the right of survivorship", then the home would automatically transfer to the other person listed on the deed. [Well, not literally automatically. Documents need to be filed with the Recorder, but that's it.] If the title says anything other than those two words, then you will need a court order to transfer real estate to anyone. To get the court order, you need to start by filing a Probate Petition. Many people start the probate process by themselves, and quickly get overwhelmed with many legal requirements. I suggest you find a probate lawyer in the area where your father's home was located. The lawyer can guide you through the probate process -- and get your brother to comply with the law, which requires wills to be submitted to the court. Best wishes to you!
The responses I provide on Avvo are for informational and educational purposes ONLY, and do not establish an attorney-client relationship between my law office and you [either the person posting the question or anyone reading the question and response.] Unless and until you sign a written retainer agreement with my firm, I am not your lawyer and my response does not constitute "legal advice." Instead, it is an analysis based on limited facts. If you want specific legal advice upon which you can rely, then I strongly recommend you retain an attorney in your state. I am only licensed in California. See also AVVO.com terms and conditions item 9, incorporated as if it was reprinted here.
He cannot keep this information from you. Get an attorney to go to court and force probate. Have the attorney ask the court to charge your brother extra fees because of his bad acts. The probate attorney would be paid from the estate.
If the house is in Dad's name (and not in a trust or JT) a probate is necessary before it can be put in any one's name.
Hire a local attorney to help YOU file a probate petition and to have brother ordered to deposit the will in the court.
When the person gives you money, the person has an attorney and the attorney has a client, but not until then. Inspired by words of Abraham Lincoln