Jun
21
My mother has passed away and it appears without a Will (intestate). I have searched both at home, friends, banks and solicitors.
There are two siblings me and my half brother. There are no other family members. He has not been part of her life for about 50 years. There was some kind of fall out. He has sent birthday and Christmas cards but no other contact. I on the other hand have been very much involved in my mother’s life.
Now I understand without a Will the estate will be split equally between us. I am having a hard time thinking that he is entitled to 50% when I don’t believe he is worthy of it.
I know you can dispute it when there has been a Will but what if there is no Will.
Are you thinking about selling your home yourself? then
You can’t dispute what doesn’t exist. You should have asked her to make a will.
Your personal view of your brother’s moral worth does not trump the law.
It will go through the probate courts. I believe you can contest it there. But the court will decide the outcome.
Nope. No will means you fall under the intestancy tree for your state and each share is equally set out by state law.
Nothing to challenge
Sorry, although I am not a lawyer, legally he is entitled to 50% after everything has been paid off. You should definately try to be the executor so you can control everything. Make sure to pay the taxes first so nothing gets taken by the state. Good luck and sorry to hear about your loss.
The division of property when one dies intestate is established by statute. The judge has virtually nothing to say about it except to follow the law.
Well, my uncle Dennis had a new pacemaker put in at 40 yrs old. He had cardiac issues throughout his life. He didn’t yet have a will. However, that last time he had his pacemaker put in, incase he died on the OR table, he wrote his last wishes down on a piece of paper. After he died in his sleep at his house, we used that as his will. Therefore, we had to take it to court and get it approved by a judge to make it 100% legal. He had no will in the first place, but we used that paper approved by court.
When someone dies intestate, the estate is settled according to state probate law. The probate court is obligated to follow that law. You will need to consult an estate lawyer.