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Wills, Trusts and Estate Planning : Includes Living Trusts, Estate and Gift Tax Planning, etc.
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Old 04-11-2002, 05:23 AM
CapitalB
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Unhappy

Desperate for info


this comes from tx,but is in regards to calif.my father passed away last year,he had 7 kids,my brother was said to be executor by my father.after his passing we were not asked for any input about funeral arrangements or anything else.we were also not made aware of how critical my dad was,so i was the only one besides my brother to see him .i saw him 2 weeks before.my brother had him cremated the following hours after his death,giving the other 6 of us no time to get to ca.we all live out of state except him.he proceeded without any thought to keep my dads ashes.he said he was furious nobody else was there.i was told that there was a will,and that i was named beneficiary.my dad had told me about all of his things just in case of i don't know what!my says he does'nt have a clue about the majority.he closed my dads bank acct.,but yet my half brother paid for all the services?the only papers i got were about a pension,not about life ins.,or cds oralot of other things.now he says he's pretty sure he was the beneficiary and he just so happened to get some ins.papers-but had'nt opened them?he now also is saying that there is no will and thats too bad so sad!my dad said to all of us that it was to be a 7-way split.my brother also has the access to all my dads pers.belongings which he says he will bring to his house and then sell..none of this is what my dad wanted-what do i do,and how do i do it?please help me i feel at a total loss,i promised my dad i would'nt let anything like this happen! thank you so much,marti
  #2  
Old 04-12-2002, 11:09 AM
advisor10
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4-12-2002

DEAR CAPITALB:

Check at the county courthouse probate court to see if brother has done anything to open a probate file for this estate or applied to be executor. If the will is filed you can get a copy of it.

If it hasn't been filed, get an attorney to petition the court to force this brother to produce the will for probate (should have been done within 30 days after the death), so he will also have to officially account for all of the estate money and property and properly divide it with the heirs.

He is stalling you all and trying to keep you in the dark so he can steal most of it for himself.

SINCERELY,

advisor (keith345@hotmail.com)
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