SeekingInfoInGA
Member
I'm the eldest of 3 children. Dad had a will, and in it he named me the executor and; left the house to me, a condo to my brother, and his commercial property to m.y other brother. Mom had no will, but Dad died first, and mom died about a month later. The brother who was supposed to get the condo is the second oldest, a drug addict and a convicted felon. For the past 8 years, he wasn't even welcome at my parents home. Dad passed away last September, and then Mom passed in October, and he went to jail before mom's death. He was released from jail about 3 weeks ago, early, and while I wasn't home, came to my parents house, and had a locksmith come out and let him in.
We've been told that Dad's will is useless because he died first and Mom didn't have a will and the house was in mom's name, in which case, all assets would be split 1/3 to each of us.
Now my brother has taken control of my mother's car and is driving it, and has rented out the condo and is keeping all whatever rent he's getting and isn't telling any of us, while he's insisting on living in their house with me (I've been here taking care of them for 2 years before they died) and insisting that he's either going to live here with me or we're going to sell the property and split the proceeds 1/3 each. He's claimed that he 'should' be the executor because he's the oldest 'male.' child and he's even hinted that he's going to file to petition to be the executor.
There is stuff missing out of the house that I think he sold too.
I think he thinks that because the condo was in Dad's name, that Dad's 'will' is valid for that, but that since Mom didn't have a will at all, that he should get 1/3 of all the other assets.
I'm going to file the probate and petition to be executor, by mail on Monday. Is there anything I can do to stop him from taking assets and selling them until then?
We've been told that Dad's will is useless because he died first and Mom didn't have a will and the house was in mom's name, in which case, all assets would be split 1/3 to each of us.
Now my brother has taken control of my mother's car and is driving it, and has rented out the condo and is keeping all whatever rent he's getting and isn't telling any of us, while he's insisting on living in their house with me (I've been here taking care of them for 2 years before they died) and insisting that he's either going to live here with me or we're going to sell the property and split the proceeds 1/3 each. He's claimed that he 'should' be the executor because he's the oldest 'male.' child and he's even hinted that he's going to file to petition to be the executor.
There is stuff missing out of the house that I think he sold too.
I think he thinks that because the condo was in Dad's name, that Dad's 'will' is valid for that, but that since Mom didn't have a will at all, that he should get 1/3 of all the other assets.
I'm going to file the probate and petition to be executor, by mail on Monday. Is there anything I can do to stop him from taking assets and selling them until then?
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