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Old 05-05-2013, 08:54 PM   #1 (permalink)
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Join Date: May 2013
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Exclamation Mom's Estate? PLEASE help!

Hello everyone... I have a very sticky situation here, and I could really use any advice that could help me out.

My mom died Friday, Feb. 9, 2013. She was unmarried, Me and my brother are the only surviving children and no will.

When my mom died, my brother became very angry and hostile to me. I had made arrangements to have her cremated and my aunt and I were going to pay for the whole service, and he refused to cooperate unless I walk away from her estate and let him do everything. To keep me out of her home, he changed the locks and boarded up the house. The police said that it was still my property and I had every right to be there, so I went in anyways and took a few little trinkets to remember her by. I continued to get many nasty text messages over the next two days by him and his wife. He started making arrangements for her, and then told me that if I didn't hand over the keys to her stuff that I would never know where my mom was.

This never went to probate court, and this is something that I regret to this day. I was afraid of my brother, and all I wanted was to lay my mom to rest and not fight with him. So, I gave in, gave him the keys to everything and walked away.

I just found out last week (I called the leasing office of her complex to find out what happened to her home), and found out that he never told them she died, and they proceeded to take her to court. She was recently "evicted" from her home 2 weeks ago. When I went inside her home, everything was gone and neighbors told me that he donated everything to goodwill and he is going to claim it on his taxes.

Not only was everything gone, but there was a HUGE stack of bills on the counter in her home, all unpaid and some had gone into collections, because he did not notify them that she died.

Is there anything I can do to get control of whatever is remaining in her estate? He has the title to her house and the police say it is technically his property.

I don't have money for an attorney. I really wish I would've gone to probate court!!! I also, have all of the nasty text messages and the threats of him not telling me where her body is unless I give him the keys to her property.

Please... Help me so I can help my mom rest in peace. I know she would not want these bills piling up and stuff being unsettled.

Thanks,

Tara
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Old 05-06-2013, 05:08 PM   #2 (permalink)
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If there was no will then her estate will be distributed through http://www.legalmatch.com/law-librar....htmlIntestacy rules vary state by state, but the general rule is the estate will be distributed evenly among surviving children if there is no living spouse.

If your mother had nothing or was in significant debt there may be nothing to collect. Was the home she was residing in hers or was she leasing it?

You can always try to represent yourself and intestacy rules are pretty black and white you will not even really need an attorney particularly if this is a small estate. Here is a link that provides intestacy rules by state Intestate Succession

As for your brother's actions it will not have much of an impact on intestate distribution. There are a few ways to take away his intestate share, but they are complicated and you will likely need an attorney.
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Old 07-01-2015, 02:37 AM   #3 (permalink)
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Property Management

I have a very sticky situation here, and I could really use any advice that could help me out.This is a further information request so that I can provide you a proper answer to your legal question. Please continue in this same question thread.View information about Two Moms Estate Sales. They run estate liquidations.We look forward to helping you with your estate sale.Estate planning basics to help you protect your young family. In order to navigate out of this carousel please use your heading shortcut key to navigate. If you find that you two are arguing, please get outside help.


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