My brother stole my inheritance.

[Danbo Jones]

What is the name of your state? Texas
So both of my parents passed away within one month of each other. My father died first and he had a life insurance policy of $150,000. My mother was the beneficiary. My mother was in home hospice. My older brother drove down to take care of the funeral arrangements because I am currently living abroad and I couldn't go back because of the travel restrictions. My mother never had a will. I think my brother got power of attorney and emptied her bank account either before she died or right after. I know I have a case, but I can't prove it because he is not being cooperative. How much does a civil case cost? Also would I be able to take him to small claims court? I'm not rich and I thought the 2nd option would be better than letting him get away with this. Any advice would be highly appreciated.
Danbo.

 

[Danbo Jones]

What is the name of your state? Texas
So both of my parents passed away within one month of each other. My father died first and he had a life insurance policy of $150,000. My mother was the beneficiary. My mother was in home hospice. My older brother drove down to take care of the funeral arrangements because I am currently living abroad and I couldn't go back because of the travel restrictions. My mother never had a will. I think my brother got power of attorney and emptied her bank account either before she died or right after. I know I have a case, but I can't prove it because he is not being cooperative. How much does a civil case cost? Also would I be able to take him to small claims court? I'm not rich and I thought the 2nd option would be better than letting him get away with this. Any advice would be highly appreciated.
Danbo.

 

[Zigner]

What is the name of your state? Texas
So both of my parents passed away within one month of each other. My father died first and he had a life insurance policy of $150,000. My mother was the beneficiary. My mother was in home hospice. My older brother drove down to take care of the funeral arrangements because I am currently living abroad and I couldn't go back because of the travel restrictions. My mother never had a will. I think my brother got power of attorney and emptied her bank account either before she died or right after. I know I have a case, but I can't prove it because he is not being cooperative. How much does a civil case cost? Also would I be able to take him to small claims court? I'm not rich and I thought the 2nd option would be better than letting him get away with this. Any advice would be highly appreciated.
Danbo.

I'm sorry for your loss.

Honestly, if you are out of the country, there is very little that you can do. Small claims court is not the proper court for such an action, and even if you could use small claims, it is for relatively small amounts.

In any case, especially now, complex probate matters would not be settled in under 6 months.

 

[zddoodah]

How long ago did your mother die?

My father died first and he had a life insurance policy of $150,000. My mother was the beneficiary.

Was this money ever claimed? If so, who claimed it?

I think my brother got power of attorney and emptied her bank account either before she died or right after.

You think or you know? How much money are we talking about?

I know I have a case

Not really. The court-appointed executor or administrator of her estate might have a case.

I can't prove it because he is not being cooperative.

He doesn't have to be cooperative. If you were appointed as administrator and sued him for emptying her bank account, you could get the evidence to prove he did this from the bank. Or, if you sued him for taking the insurance proceeds, you could get the necessary evidence from the insurance company.

How much does a civil case cost?

I don't have any specifics about courts in Texas (but you can easily google that), but the filing fee where I live ranges from less than $100 to $435 depending on what level of court you file in. If you hire an attorney, you're looking at a minimum of $200 per hour.

Also would I be able to take him to small claims court?

That depends on how much you sue for. The limit in Texas small claims court appears to be $10k.

Keep in mind that involves two separate estates here. If we assume that your mother should have gotten the entirety of your father's estate (which is only a good assumption if he had a will that provided for her to get everything), the her estate might be the only one you really would have to worry about. Assuming you and your brother are the only heirs, then you'd be seeking to recover on behalf of the estate and, after payment of estate debt, the remainder would be split between the two of you.

I suggest consulting with a local attorney -- especially if the $150k from your father's life insurance is in play.

 

[LdiJ]

Keep in mind that involves two separate estates here. If we assume that your mother should have gotten the entirety of your father's estate (which is only a good assumption if he had a will that provided for her to get everything), the her estate might be the only one you really would have to worry about. Assuming you and your brother are the only heirs, then you'd be seeking to recover on behalf of the estate and, after payment of estate debt, the remainder would be split between the two of you.

I suggest consulting with a local attorney -- especially if the $150k from your father's life insurance is in play.

The bolded is only half correct in general, and irrelevant in this particular case. Many married couples own all of their assets jointly, therefore the assets pass to the other spouse automatically. In fact, that happens more often than the assets being willed to the other spouse.

In this instance however, we are talking about life insurance with the wife as the beneficiary. Therefore it would never have been part of the father's estate. It would pass to the wife outside of the estate.

 

[Danbo Jones]

I actually have a younger sister. I know my father didn't have a will. My mother didn't either unless my brother had one made up in the last month of her death. She had terminal cancer and was so out of it and hallucinating. Her assets should be divided equally among us three. I am wondering if I open a probate case to get the proof I need that my brother did this, how much do would it cost? I already got quoted at $250.00 an hour and a retainer of $2000.00 to start. Am I am looking at $5,000? $10,000? Or more?

 

[Mass_Shyster]

My siblings and I paid $4000 to probate my mother's estate. There were fights over the estate. (Well, none that involved lawyers).

An acquaintance spent over $25,000 fighting over an estate with his brother before running out of cash and going to court himself.

 

[Danbo Jones]

My siblings and I paid $4000 to probate my mother's estate. There were fights over the estate. (Well, none that involved lawyers).

An acquaintance spent over $25,000 fighting over an estate with his brother before running out of cash and going to court himself.

It almost doesn't seem worth it. I have a little bit of savings put away. The only reason I want to do this, is my brother hadn't visited my parents in over 15 years and he shows up 3 times in one month when they both die. He planned this all along, knowing my sister is not really knowledgeable or confrontational and knowing that I am overseas and couldn't get back to help because of the pandemic. He lied and said my father raped my mother and my mother was upset at me before she died. It's the lies he is spreading about someone who's not around to defend themselves that really pisses me off. I'm torn with getting revenge but at what cost. I could spend thousands of dollars and he could just blow all the money before I win.

 

[Zigner]

How do you have such detailed information when you are out of the country?

 

[Danbo Jones]

I've always been close with my parents and they have never mentioned a will before or visited an attorney. I checked county records where my mother had died as well as county records where my brother lived. No paperwork has been submitted even though my brother said it had been. I got ahold of my father's life insurance company and they couldn't tell me where the money was sent to because I wasn't the beneficiary but the lady did tell me the claim had been processed and paid out. I did some research and my hypothesis was what I mentioned above. You are right, I don't know 100 percent for sure. But coming from a guy who deep down knows his mother. My mother never played favorites with her children. We were all equally loved. My older brother has been caught in a few lies already. If it walks like a duck, it's probably a .

 

[Zigner]

You never answered the question... How long ago did your parents die?

 

[Danbo Jones]

I'm sorry, I didn't see the question. My father died first on June 16th and my mother passed away on July 29th.

 

[Zigner]

I'm sorry, I didn't see the question. My father died first on June 16th and my mother passed away on July 29th.

I think you may be entirely premature in your concerns. There is no way that anything meaningful would have happened with your mother's estate by this time...

 

[Danbo Jones]

I think you may be entirely premature in your concerns. There is no way that anything meaningful would have happened with your mother's estate by this time...

Well it's possible but I doubt it. Like I mentioned before, it had already been paid out. It takes between a month to two months to pay out on life insurance.

 

[Zigner]

Well it's possible but I doubt it. Like I mentioned before, it had already been paid out. It takes between a month to two months to pay out on life insurance.

Yes...and then it became your mom's money. Then, your mom died about 3 weeks ago...there's no way her estate has been probated...heck, it's possible that the funeral hasn't even happened yet. The money can't just be given away. There are steps that have to occur -(generally) the case has to be filed in probate court, a representative of the estate has to be appointed. Creditors need to be identified and paid. Only then can any remaining funds be distributed. I'm not saying that your concern and anger is misplaced, just that it is premature.