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?
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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.
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