probate

[l57todd]

What is the name of your state (only U.S. law)? Wyoming. My brother had power of attorney of my father until his death. My brother sold my fathers house. I found out on google earth. They live in Conejos County Colorado. He will not give me 1/2 of the money 45k, because I moved away from home at 18. he says I am not even mentioned in the will. Can i file a claim in probate. How?

 

[rowz]

You can start by contacting the county office [in the county where he lived/died] that covers wills/probate and request that they send you a copy of the will.
In there it will say if you have been named as a beneficiary or not.

With that in hand you can then contact an attorney in that jurisdiction and discuss whether or not it will be cost effective to file a claim against the estate.

Be prepared to discover that a suit contestng the will is not cheap, and those type lawyers do not GENERALLY work on a contingency basis, so you will have to pony up the $ up front.

How many years has it been since you left home and why do you think that you would be due a share in your parents estate?

"Just because" is not a valid reason to contest a will, nor is "even if".

 

[Dandy Don]

Was the house sold before the father died or after?

Yes, you will need an attorney to look into your status as an heir, and you also need to be asking if your attorney needs to investigate whether your brother abused the power of attorney or not.

DANDY DON IN OKLAHOMA ([email protected])

 

[l57todd]

answer to junion

I turned 18 and got my own place, got a job, and took care of myself. I am now 58. My brother is 57 and only worked 7 years of his life. He has always been connected to my dad's pocket book. I know this does not count. I took care of my father in Oct -Nov 07 at his request. We discussed with my brother how to seperate things. Dad died March 08.
No, there is no proof. All is heresay. Why do I deserve half of profit from house? That is what I am asking. One brother, one sister, split. Right thing to do.

 

[Dandy Don]

You do not understand how the law works. Right of survivorship means that title automatically goes to brother after your father died, and that is why father set it up that way.

Your brother has cheated you and you have no other recourse now but to contest, which will be expensive in legal fees. Move on with your life and forget about this crook.

 

[nextwife]

Were debts paid from the sale proceeds? Were there mortgages on the house when he died?

Was the house sold while dad was alive, using the POA, or after death? If after death, presumably probate was opened and the will filed. Have you checked the county courthouse?

I've been dealing with a surprising number of estate properties in which equity was tapped into in the years prior to death, leaving the homes upside down.