QUESTION
What can I do if my mother died without a will and my siblings don't want to give me anything?
Asked on Aug 19th, 2013 on Estate Planning - Florida
More details to this question:
My brother and sister, who are rich as my brother, have a son who has earned 109 million!!! My mother died without a will and they have not given me anything. They have kept her money, about $117,000 in cash, and home, about $300,000, and they don’t want to share with me. They put their names on her bank account and property. I only want my share, which would be a third.
9 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will have to file a petition in probate court to open an estate and distribute the property.
Answered on Sep 03rd, 2013 at 6:21 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are advised to obtain the assistance of a probate litigation attorney to sue your siblings and compel an accounting, to determine your rightful share.
Answered on Aug 22nd, 2013 at 10:15 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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You need to talk to a local probate attorney about the details of your mother's estate. If your mother was the one who put your siblings names on the bank account and property during her lifetime, then the bank account and property belong to your siblings now and they do not have to share them with you (unless you can prove they somehow tricked her or defrauded her to get the property). If instead they got those assets in their name because a probate court appointed them personal representative or administrator of your mother's estate, then you should be entitled to a share and they should give you an accounting of what is in the estate. A probate attorney may be able to help, but the attorney would need more information.
Answered on Aug 22nd, 2013 at 10:08 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your brother and sister could not "put their names on" your mother's assets. This had to have been done by your mother, unless something fraudulent or illegal was done. You can check the situation as far as the home is concerned, by getting a copy of the deeds to the property. That will show who was on the title and whether or not your siblings were added, (and when). Any assets that were in your mother's name alone, would need to pass through probate, unless there were beneficiaries named. If your siblings have the money and there was no probate estate, then it is because the accounts were joint or your siblings were named as beneficiaries. If that is your situation, you are going to have a severe uphill battle trying to overturn that. You will need a good lawyer to even try.
Answered on Aug 20th, 2013 at 9:17 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to petition to have her estate probated. However, if the accounts were in hers and their names, there may be no estate, as it would pass to them on her death.
Answered on Aug 20th, 2013 at 1:30 AM
If your mother's estate requires probate, you should share equally with your brothers and sisters.
Answered on Aug 20th, 2013 at 1:28 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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File a petition with the court.
Answered on Aug 20th, 2013 at 12:49 AM
2 Awards
Don't waste any more time and speak with an attorney. You can get your share as long as you act fast, before it is all spent. If you are worried you cannot afford an attorney remember that probate fees are paid from the estate not by you directly, and if you are entitled to an inheritance, many attorneys will work with you.
Answered on Aug 20th, 2013 at 12:37 AM
If your mother died without a will you need to probate any assets in her name to transfer to the beneficiary. However, if your mother transferred her home and all bank accounts to someone else either as a beneficiary, joint tenant or remainder person on the deed, before she died, then there is likely nothing to probate as the property is transferred to the named person. If you believe that she was under duress, undue influence, or incompetent when she changed the names/beneficiaries on her property, then you can initiate a lawsuit against that person. You must engage in a lawyer in order to find out exactly what rights, if any, you have in your mother's estate. Your facts and circumstances are unique and it is difficult to know exactly what, if any, rights you have.
Answered on Aug 20th, 2013 at 12:27 AM