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RobertJDFL
RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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My mother passed away a week ago and my 2 brothers and my

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My mother passed away a week ago and my 2 brothers and my sister and I are not on speaking terms and my oldest brother has power of attorney and the last I knew I was in the will and now I have no idea he and the rest of my family moved everything out of my mother's house already and my nephew is moving into my mothers house this weekend and I was not made aware of any of this and I did not receive anything of my mother or see her during her last days. My brother said it was my mothers wishes I told him to show me in writing and he would not and he will not give me a copy of her will but my sister and other brother have copies. Is there any thing I can do
Submitted: 6 months ago.
Category: Estate Law
Expert:  RobertJDFL replied 6 months ago.

Thank you for using Just Answer. My condolences on your loss.

A Power of Attorney lapses at death, so you brother cannot still be using that to do things like access your mother's bank accounts, for example. The Will may make him executor, but before an executor can be actually appointed by the court and has authority to act on behalf of the estate (e.g., to prepare an inventory of all estate assets, to gather up all bills and notify creditors, to pay the final debts of the decedent after their passing, etc), a petition for probate would have to be filed. Also, the Will should be filed with the Clerk of Court in the county where your mother lived. While beneficiaries named in the Will are entitled to a copy, if you are not provided one, contact the Clerk's office directly about getting a copy.

Normally, a Will isn't filed and a petition to probate an estate isn't filed for a few weeks following a person's death anyway, so I don't want you to think that this is all happening right now -that's very unlikely. Nor does an executor have to tell beneficiaries everything going on that they are doing.

At this point, the best step you can take is to speak with a estate/probate attorney. If an estate has to be filed and hasn't been done yet, you can petition the court to begin probate and have yourself appointed as executor. If the Will hasn't been filed yet, an attorney can file a motion to compel production of the will. As far as the property disposed of already, that may very well be part of the estate, and a court can order that the items be returned until such time as the estate can be settled.

If you need clarification or additional information, please reply and I'm happy to assist further. Otherwise, kindly remember to leave a positive rating by clicking on the stars/happy faces before signing out, so I am credited for my time and assistance today. Thank you!

Expert:  RobertJDFL replied 6 months ago.

Did you need clarification or additional information about my answer? If so, please reply and let me know how I may further assist! If not, kindly remember to leave a positive rating by clicking on the stars below. Experts are not employees of this website and are only compensated for our time and assistance when you leave a positive rating. Thank you!

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