Estate Law Questions? Ask an Estate Lawyer.
My question is how do we stop this brother from selling the possessions in her home.
You said that your brother has his attorney. Now it's time for you to get yours. Basically, he can do anything he wishes with the home and its contents, because apparently your mother transfer title to the home and put him in charge of everything before she died. There is nothing in title 19 that says every family member must be contacted when it is applied for. The home would have to of been transferred out of her name before the application in order to avoid having to sell it before she went into nursing home care, if she did. Basically, you can probate the will and open up her estate in the local probate court even without assets, and have an executor or special administrator appointed to search for assets. As an heir who would have inherited under the will you are in a position to file suit against your brother to vacate and set aside the deed to the home, so that it would be returned to the estate and the proceeds of the sale would be divided according to the will. As I said at the beginning, it is time now for you to obtain your own attorney to pursue that goal. The attorney will know what steps to take to stop the sale until a court has heard the case.
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