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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7081
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My mother recently deceased, lived in same home in CT for 13

Customer Question

My mother recently deceased, lived in same home in CT for 13 years. She stated she paid for this house and when she died the home should be sold and shared equally by all her children. Since her death we have learned that her home is in the name of our brother/ executor and who also had power of attorney. He had our mother declared title 19, without informing anyone in the family. Tax records show that what we believed to be her home is in his name, the funds she received from sale of her townhouse that according to her was used to build this home are not to be found. all of this was done without any notification to the other family members. I have requested a petition to examine her financial and medical records with CT court. There is a will but we had to stop her attorney from shredding it, because her stance is there is no estate. There has been no probate case filed. I do have a copy of the will it is nonspecific regarding this home.
My question is how do we stop this brother from selling the possessions in her home. Last I heard he is living in the house.
Submitted: 6 months ago.
Category: Estate Law
Expert:  Irwin Law replied 6 months ago.

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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Expert:  Irwin Law replied 6 months ago.

Hello again. I hope that my service has been helpful. If you have a follow up question, please send me a Reply for further information. If not, please rate my Answer so that I can close out the question. Thanks again for using Just Answer.