What is the name of your state? Kansas
My father died this January of a sudden heart attack. I have two brothers, one of which was estranged from the entire family and lives in another state. He is a former felon, an alcoholic, and was recently awarded SSI Disability benefits due to recent diagnosis as bi-polar and manic depressive. Upon my father's death this brother did come back to town, but did not attend the memorial service, did not pay towards funeral expenses, and generally spend most of his time threatening the family in the middle of the night about what he "is owned".
Since leaving town the threats have continued and escalated to the point that he is claiming he will "sue" us for not giving him "regular weekly updates", for not giving him a copy of the death certificate, and for witholding information from him. I do not communicate with this brother because I am trying to run my father's business and really do not wish to have him calling me in the middle of the night once he has access to my phone number. I did not supply him with a copy of the death certificate because I mistakenly didn't order enough and, to be honest, even had I had a copy I wouldn't have wanted to send it to him. He has already once before impressonated my father using his social security number and I would not like to repeat that.
Our probate attorney said we could "buy out" this brother's portion of the estate at any time, but this brother refuses any acknowledgement of the real value of items in the estate. He claims my dad's motorcycle was worth $40,000 and his toolbox and tools $50,000. He grossly over estimates the worth of the business and does not acknowledge the nearly $200,000 of debt owed for business loans and mortgages. He also refuses to acknowledge that my father's home was nearly a shack after over a decade of neglect, water pipe leakage, and termite infestation which my dad was too proud to tell anyone about and too ill to physically fix himself.
I am beside myself with what to do. My entire family is turned upside down. My wedding is on hold. My finances are dwindling after moving here in the middle of the night to step in and administrate things. And, worst of all, I don't believe my dad would have wanted things to end this way. I do not know why he never wrote a will other than the time and hassle of the process.
Can this brother sue me for the threats he has made above, including not giving weekly updates?
How can I stop the threats?
When there is no will, do all siblings automatically become inheritors regardless of their mental stability?
How can I keep my brother from having some of the vehicles and assests my father told everyone he NEVER wanted this brother to have access to, let alone breathe on?
This just doesn't feel fair or just to me.
My father died this January of a sudden heart attack. I have two brothers, one of which was estranged from the entire family and lives in another state. He is a former felon, an alcoholic, and was recently awarded SSI Disability benefits due to recent diagnosis as bi-polar and manic depressive. Upon my father's death this brother did come back to town, but did not attend the memorial service, did not pay towards funeral expenses, and generally spend most of his time threatening the family in the middle of the night about what he "is owned".
Since leaving town the threats have continued and escalated to the point that he is claiming he will "sue" us for not giving him "regular weekly updates", for not giving him a copy of the death certificate, and for witholding information from him. I do not communicate with this brother because I am trying to run my father's business and really do not wish to have him calling me in the middle of the night once he has access to my phone number. I did not supply him with a copy of the death certificate because I mistakenly didn't order enough and, to be honest, even had I had a copy I wouldn't have wanted to send it to him. He has already once before impressonated my father using his social security number and I would not like to repeat that.
Our probate attorney said we could "buy out" this brother's portion of the estate at any time, but this brother refuses any acknowledgement of the real value of items in the estate. He claims my dad's motorcycle was worth $40,000 and his toolbox and tools $50,000. He grossly over estimates the worth of the business and does not acknowledge the nearly $200,000 of debt owed for business loans and mortgages. He also refuses to acknowledge that my father's home was nearly a shack after over a decade of neglect, water pipe leakage, and termite infestation which my dad was too proud to tell anyone about and too ill to physically fix himself.
I am beside myself with what to do. My entire family is turned upside down. My wedding is on hold. My finances are dwindling after moving here in the middle of the night to step in and administrate things. And, worst of all, I don't believe my dad would have wanted things to end this way. I do not know why he never wrote a will other than the time and hassle of the process.
Can this brother sue me for the threats he has made above, including not giving weekly updates?
How can I stop the threats?
When there is no will, do all siblings automatically become inheritors regardless of their mental stability?
How can I keep my brother from having some of the vehicles and assests my father told everyone he NEVER wanted this brother to have access to, let alone breathe on?
This just doesn't feel fair or just to me.