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My brother is the executor of fathers estate, there is apparently

 
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  • Answered by:Barrister
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Customer Question

My brother is the executor of father's estate, there is apparently no will. I have asked my brother for documentation and he refuses to provide any documentation. My husband, kids and my self flew crosscountry for funeral. I asked brother for help and he refused, I have spoken with attorney who is handleing estate to inform him no disclaimer to be filed without my reinbursment of trip expenses. HELP!

 

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Country relating to Question: United States
State (if USA): California

Already Tried:
Phone calls speaking with attroney of estate

Submitted: 287 days and 13 hours ago.
Category: Legal
Value: $28
Status: CLOSED

Accepted Answer

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Expert:  Barrister replied 287 days and 13 hours ago.

Hello,

Thank you for using JA. If father passed without a will, he would have died intestate and the state laws would control who got what. Brother would have to file a petition to be named administrator of the estate. Once this was done, he would then have the power to gather all assets, pay any debts, file an inventory, file any final tax returns, prepare a final accounting, and then distribute any surplus assets to the heirs at law.
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Assuming he was not married, his biological children would share in the estate equally.
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As for paying for your flight, I hate to tell you this, but the estate wouldn't be legally obligated to do so since there was no requirement that you attend the funeral if you chose not to. Obviously if there was any surplus left over after all debts were paid, it may cover your costs out of your half of the estate proceeds.
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Thanks.

Barrister

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Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

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Category: Legal
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Answered: 7/2/2012

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