My brother stole my inheritance.

[Danbo Jones]

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.

She has been buried. I saw pictures of it. If you get power of attorney you can get paperwork stating this person is incapable of paying their bills, you can access their bank account. You could also get joint access if you got the paperwork for that as well. There are a couple of different ways to do this. Also I've been told if he is able to get on her account as a joint account holder that there is nothing I can do. I won't know anything for sure until I pull the trigger and hire a lawyer.

 

[Zigner]

She has been buried. I saw pictures of it. If you get power of attorney you can get paperwork stating this person is incapable of paying their bills, you can access their bank account. You could also get joint access if you got the paperwork for that as well. There are a couple of different ways to do this. Also I've been told if he is able to get on her account as a joint account holder that there is nothing I can do. I won't know anything for sure until I pull the trigger and hire a lawyer.

Go for it - it's only money, right?

 

[LdiJ]

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.

And what if brother took the money (he had mom's POA) before mom died?

 

[Zigner]

Saying your brother stole your inheritance is accusing him of a crime and, in most US jurisdictions, falsely accusing someone of a crime is defamation per se. At this point, you have absolutely ZERO proof that any crime has occurred. I will say it one more time. Three weeks post-death is way too early to expect anything from the estate of your deceased mother.

 

[Zigner]

And what if brother took the money (he had mom's POA) before mom died?

What if mom bought an expensive painting and burned it as a final hurah?
What if the sister and the brother had an illicit affair of which the mother spent her very last dime trying to prove?
What if...what if...what if...

 

[LdiJ]

Saying your brother stole your inheritance is accusing him of a crime and, in most US jurisdictions, falsely accusing someone of a crime is defamation per se. At this point, you have absolutely ZERO proof that any crime has occurred. I will say it one more time. Three weeks post-death is way too early to expect anything from the estate of your deceased mother.

Whoa Zig, if you have reason to believe that someone has committed a crime then it's not a false accusation. It might be a mistaken one, but not a false one. Being mistaken about someone committing a crime is NOT the same as crime of false accusation. The crime of false accusation requires the accuser to know that the accusation is false and for it to be done maliciously.

 

[quincy]

Whoa Zig, if you have reason to believe that someone has committed a crime then it's not a false accusation. It might be a mistaken one, but not a false one. Being mistaken about someone committing a crime is NOT the same as crime of false accusation. The crime of false accusation requires the accuser to know that the accusation is false and for it to be done maliciously.

Wrong. Negligence is the standard for defamation when the parties are private persons, not actual malice.

A false accusation of crime is defamation per se in the states that recognize per se defamation (most states).

 

[LdiJ]

Wrong. Negligence is the standard for defamation when the parties are private persons, not actual malice.

I am not talking about defamation. I am talking about the crime of False Accusation. Defamation is a civil matter. You can go to jail for the crime of false accusation. You can be sued for defamation, but you cannot be sent to jail.

 

[quincy]

I am not talking about defamation. I am talking about the crime of False Accusation. Defamation is a civil matter. You can go to jail for the crime of false accusation. You can be sued for defamation, but you cannot be sent to jail.

Huh? The crime of false accusation? Do you mean filing a knowingly false police report or perjury?

 

[Zigner]

I am not talking about defamation. I am talking about the crime of False Accusation. Defamation is a civil matter. You can go to jail for the crime of false accusation. You can be sued for defamation, but you cannot be sent to jail.

...yet you replied directly to my post about (wait for it) DEFAMATION

 

[zddoodah]

The bolded is only half correct in general, and irrelevant in this particular case.

It's not irrelevant because the OP's father didn't have a will.

Many married couples own all of their assets jointly, therefore the assets pass to the other spouse automatically.

I disagree. Real property is typically titled jointly in a way that title will pass from spouse to spouse outside of probate. Same is true of bank and investment accounts and sometimes automobiles. Everything else? Nope. Texas probate law provides that a deceased spouse's interest in community property passes entirely to the surviving spouse, but surviving children get the lion's share of separate property. There are way too many unknowns here to believe with any certainty that, if the father didn't have a will, the mother would have gotten the entirety of his estate.

In fact, that happens more often than the assets being willed to the other spouse.

I assume you have no citation to any statistics that support this. In my experience, the following are common: (1) married spouses will their entire estates to each other; (2) married couples own most or all of their most significant assets in a way that has documented title and jointly with the right of survivorship. In a lot of cases, 1 and 2 are belts and suspenders. Also, it is not uncommon for the most expensive fights to arise over what an outsider might view as insignificant assets.

In this instance however, we are talking about life insurance with the wife as the beneficiary.

That's one thing that's being discussed, but it's not the only thing.

Therefore it would never have been part of the father's estate. It would pass to the wife outside of the estate.

I agree.

I actually have a younger sister. I know my father didn't have a will. My mother didn't either. . . . 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?

No way for us to predict that, but you've got a potentially complicated situation on your hand. If the $150k in life insurance proceeds plus whatever other assets exist are important to you, then you need to sit down with an attorney to discuss the situation, and he/she will give you an estimate of what will be required to pursue it.

 

[not2cleverRed]

What if mom bought an expensive painting and burned it as a final hurah?
What if the sister and the brother had an illicit affair of which the mother spent her very last dime trying to prove?
What if...what if...what if...

What if all that end-of-life cancer care actually cost something, and there is a lien on the estate to pay?

Mom's bills need to be paid off before anything can be distributed. After that, there might not be much worth fighting over.

Also, depending on where in Texas the parents died, things could be moving slower than usual.

 

[Zigner]

Exactly...it's entirely possible that a large portion of that $150k has to be used just to pay for end-of-life care for mom.

 

[t74]

Although your brother may have met the criteria for elder abuse (financial - see TX Adult Protective Services website). since she has died there is nothing they or her local police department can do. Had it been proven before her death, it would be a felony. In our case, a 95 YO being moved into 24 hour custodial care because of incapacity was taken by POA and had all of the financial accounts transferred to co-ownership with the POA. POA than used parent's assets to remodel POA's house during parent's lifetime. POA was dishonest in communications regarding parent's financial situation especially in regard to paying for long term care. In our case, there was a will which executor refused to enter for probate and dissipated all of the property that could have been sold to pay expenses.

Having been here done this in the last two years, it is unlikely that an attorney can/will do anything. You can have an attorney file intestate probate, but if there are no assets left in her name then there is nothing to pay for probate.

I understand your frustration and hurt feelings toward your sibling. It shakes your faith in the goodness of human beings.

 

[Zigner]

I understand your frustration and hurt feelings toward your sibling. It shakes your faith in the goodness of human beings.

The difference is that our OP doesn't even know that anything untoward has occurred. All the OP knows is that now (~3 weeks after mom died) he hasn't seen the $50,000 that he expects.