After my mother's death my brother claimed her house as his own [she died intestate]. Can he do this?

knufflebunny

no he cant and he knows it. Dont let yourself get pushed around.

technopixie1

you dont say where in the world you are but in the uk it goes as such:
If this occurs it means obtaining Letters of Administration and appointing your administrators can take months and in some cases years. This can mean that your surviving spouse may have a period without access to the money that is part of your estate and this can last for some time.

In the event of intestacy there are rules that decide who gets what after your death. If the person who has died has a surviving husband or wife and there are no relatives of a certain type they the spouse will be entitled to everything. If there are children, parents or siblings (brothers and sisters) the following occurs in order of preference.

Shared between children, grandchildren or other lineal decedents else:
Shared between parents else:
Shared between siblings:
If there is no surviving husband or wife the following occurs in order of preference:

To issue on the statutory trust if there are any else:
To the parents split equally else:
To the siblings (brothers and sisters) else:
To the grand parents split equally:
To the aunts and uncles split equally:

stick man

Not unless she put his name on the title before her death. Get an attorney.

taurus

It probably depends on what state the property is in. In California, if the person dies without leaving a will, the proceeds are divided equally among the children.

bombardier

no seek legal advice

Marge

He has no more right to it than you do unless your mom put it in her will that he gets it, or if he has some sort of authority concerning her estate. Get an attorney if you want part of it too.

pedlamaniacs

No, all assets are to be divided by next of kin. In this case it is you and your brother. You have the right to claim your half. I would really push for it if i were you.

True B

It would depend on who has been appointed the Executor.

You should get some legal advice

Trish D

Depends on the law wherever you are.

logicalawyer

No because if even if does, he holds on to trust for himself and others in the family who will have a share, you can protect yourself by registering a notice on properties charges register to prevent further dealing. You should go to solicitor, will all the facts chronologically laid out.

technical difficulties

is there a will stating this? if not then the property goes to the state or the power of attorny.

your brother can't do anything yet.

he'll have to get it through legal means.

Calamity Jane

No, other siblings have a right to their parents property after they have passed over. Go see a solicitor/lawyer.

Been There Done That

If there is a will it goes by what she willed. If there is no will, it is to be split between to two equally. You need to find Probate Court in your state.

Sally J

I am no lawyer, but in the UK, if someone dies without having made a will, I believe the estate goes to next of kin. If there are just the two of you, you will probably SHARE it.

GET LEGAL ADVICE. I don't think your brother can do this!

Good Luck

Becky J

No, intestate property goes to children first.

Will

you will be suprised what people can do.
Did she have a will if not your screwed he is not claiming you.

yes because he has. ha.

colin

my mother died 3years ago leaving her house to me 2 brothers and 1 sister,in the will it states that all the time my brother wants to live there we cannot sell im i also entiteld to stay there

babu

hi i want to know onething we are from andhra pradesh in india .my mother has house but now she expaired last year.now that property can share all means daughters and sons other wise how.if share my father also get a share or not?she did not write any will before she death.now wt we can do.will it share all family like my father and my brothers and siters or it goes to only my sisteres.plz tell me your good suggetions please.

Rehema

Hi, My mum died without leaving a will, She had three children one a minor. The two of us who are of age have applied for letters of administration but brother to my mum has objected. I want to know if he can do this and what is the next step of obtaining letters of administration without him included.

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