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Brother won't produce will

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kellyntx

Junior Member
What is the name of your state (only U.S. law)? Oklahoma.

My mother passed away Thursday of last week of a sudden heart attack. She had been having health issues but this was so sudden. She died at her sisters house. While we were all heading to her house my brother came in and took her will. He will not let my sister and I know what is in the will. I went and spoke with an attorney last week but I don't have the money to hire an attorney at the present time. I thought about doing some of the stuff myself and have an idea where to start but I know that it could get complicated and if I mess up it could keep everything tied up which I really don't mind because my brother's kids have taken over my mother's house and my brother went and got her car and won't release it either. My sister and I still have items in my mother's house which we gave her or loaned her but now we can't even get that back because we went and got some pictures and quilts and our brother saw them in my sister's car and tried to kick the window in. I just don't know what to do in this case. Any help would be appreciated.
 


It doesn't sound like your brother would listen to you even if you did know what to do. I know it is not what you want to hear, but you need to hire a lawyer ASAP.

Good Luck!
 

justalayman

Senior Member
It does sound like an attorney would be a good idea. Regardless of who hires a lawyer, somebody is going to have to file to probate the will. The estate will be liable for the estate's attorney so once probate is opened, whoever is appointed exec/personal rep can look into hiring an attorney for the estate which is to be paid with estate funds.
 

kellyntx

Junior Member
I did forget to state that we do not think the will was signed by my mother and knowing my brother I wouldn't put it past him to forge the signature or witness signatures. We think that is why he won't show it to us.
 

kellyntx

Junior Member
Also, can you go and file at the probate office if you do not have the will? Can I go if it is not in my possession? I did do a little research and it stated that the judge would decide who would be the administrator of the estate in the case there is not a will.
 

justalayman

Senior Member
yes, you can file without having a will. Part of the reason you probate a will is the court reviews the will to determine if it is valid. If you believe it is not valid, you would give the court notice of that and the reasoning as to why.
 

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