What are my rights if my half-sister died without a Will?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights if my half-sister died without a Will?

My half brother says that my sister told him she wanted him to be executor of the estate but she never filed any documents. He wants to be in charge and split the inheritances 6 ways, between himself, his 3 children, me and my daughter. I disagree. I’m have no money to fight him and he has lots of money. He has emptied her bank accounts and has the title to her house. Further, he says that he will decide what happens with her estate. I again disagree. Can he change the locks and keep me out? Can he do anything without my signature? Are he an I equal in our rights to inherit?

Asked on February 26, 2013 under Estate Planning, California

Answers:

Victor Waid / Law Office of Victor Waid

Answered 11 years ago | Contributor

You are advised to obtain the services of a probate litigation lawyer to analyze and determine your rights in the matter, as the person who died is your sister, whose estate is the subject of argument. The fact you are the full blood brother of the deceased sister, gives you precedence over your half brother. The litigation lawyer may file a petition into probate to have you appointed the administrator of the estate. The lawyer gets paid out of the estate.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption