What to do if mother passed away some years ago and I have an older half-brother who has keep me out and away from the house?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if mother passed away some years ago and I have an older half-brother who has keep me out and away from the house?

I don’t know if there is or was a Will.

Asked on March 22, 2013 under Estate Planning, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to file for a probate of your mother's estate.  If there is no will, then the estate will be divided according to your state's probate rules.  Because both you and your half-brother are descendants, each of you would be entitled to a portion of the estate-- unless there is a will that specified otherwise.  In this case, it would be your half-brother's responsibility to produce the will or some other instrument showing that it was your mother's intent not to grant you a portion of her estate.  The probate process begins with the filing of a petition.  There are many online forms now available, but considering that your probate could involve contested issues and paperwork necessary to transfer ownership, it would help if you could hire a probate attorney to help you through the process.


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