Who is entitled to be named PR if a parent dies?

UPDATED: Jan 10, 2011

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Who is entitled to be named PR if a parent dies?

Mom passed 3 weeks ago. We shared this home for 18 years. I became her caregiver at her lung cancer diagnosis 16 months ago. Oldest brother has Parkinsons disease and is livid that she named me medical POA without asking him. He demands that he becomes PR for her estate. Can he take her home through probate and transfer the deed to his name? He has major anger/control issues with me, and has convinced our 2 other brothers to side with him to get me out of her (our) home. The abuse/bullying toward me is indescribable. My mind exhausted from caregiving. Where/who do I turn to?

Asked on January 10, 2011 under Estate Planning, Nebraska


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  Although I understand that he may be upset that yu were given the medical POA, that issue is moot now that she has passed away and you should put it behind you even though they have not.  Your brother can demand all he wants to become the Personal Representative of your Mother's estate but unless she has a Will naming him, you all have a right to become same and I think that you should make an application as well.  As the PR of the estate you are under an obligation to act fairly and distribute the assets of the estate as the decedent requested in the Will, or if there is no Will, then she dies what is known as "intestate" and the intestacy statutes in your state will govern how the money is distributed.  You and your siblings should share equally in the house and the other assets.  You have the same rights as they here.   Do not let them get to you.  And hire an attorney if need be.  Good luck.

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