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seekingadvice00

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What is the name of your state? AZ where deceased bro lived, but I live in Utah. Eldest bro administrator (not executor, I understand?) of deceased bro's estate, as no will was left, appears to be manipulating inheritors of estate who will be mother and we siblings. Bro died 10 months ago. No tax filings for last 8 years, probably not much left in estate. Just found out that bro/admin. has been living in deceased bro's house since Feb and no one, not even mother informed, although she claims now that she thought he might be and it is her wish anyway to keep house "in family". Must he proceed with probate filings by certain date or can he live in house forever? Can I inform this "evil" (ha!) bro that an option is for partial payout to me? Am leaving for visit tomorrow to AZ and not looking forward to this inevitable meeting. What are his duties and my rights legally? Can he and mother make decisions? Only one other sister an inheritor, but she is estranged to family and I don't feel he will contact her.

Lastly, I would like to give my portion of monies to two children he raised for almost 20 yrs. Mother and bro do not as they claim they are not "legally" his as he left no will. Must I inform bro now of my plan or can I continue to wait until certain time. I feel he will find way to keep money from them and I don't want to pay taxes on what small portion I may get anyway. Many thanks for any pertinent info.
 
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Dandy Don

Senior Member
What is the house worth or what will price will it reasonably sell for?

If there is little or nothing left in the estate, there may be a requirement legally that nothing needs to be filed for small estates under a certain value. But you still need to check with the courthouse to determine for sure if the brother has officially filed to be administrator, which does give him the legal authority to start claiming any assets and to get proper title/deeds in the correct names of heirs who are receiving any real estate, etc.

You need to consult with a probate attorney in the same county where the death occurred, to find out what your options are for getting this brother to proceed. Most certainly the heirs can force the sale of the home and then get paid for their share. If brother won't communicate with you, have your attorney contact him by letter or by phone.

With the fact that this deceased brother failed to pay taxes (you didn't say whether this was federal taxes or state taxes, or both), then there is a reasonable fear that the IRS might put a lien on anything valuable in the estate. They will have to compute how much taxes he owes and then file a claim against the estate, so it might be better not to sell the home until you find out how much the IRS will be asking for, since they may put a lien on the home to put the IRS first in line for payment if the home is eventually sold.

Don't tell your brother about your plans for any monies you would get--keep that information to yourself and make sure YOU have a will made out. Their argument that the 2 children are not legally his "as he left no will" is ridiculously stupid. The main point is--is the deceased brother's name listed on the children's birth certificate? If it isn't, then the children don't have a claim to anything from the estate unless they were officially adopted.

DANDY DON
 

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