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

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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 8 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.


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