Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My mother passed away april 23 2015 in Michigan. I live in…

Customer Question
my mother passed away april...

my mother passed away april 23 2015 in Michigan. I live in calif. she didn't leave a will her death was unexpected. I am the eldest i paid for all the funeral needs. she didn't have much, a car, some family heirlooms, and a small life insurance policy. she , we were preparing for her to come live with me because she didn't want to live with my brother or sister who are both severe alcoholics. there are several other family members who can attest to the facts of what my mom wanted. now my brother and sister have all her possessions have received and cashed in her life insurance and have not contacted me or sent me any of the things she wanted me to have. I flew to mich. and was the only one with her when she passed, I was the only one she trusted and relied on, over the past 3 years I helped her pay her bills and rent so she could stay in her apt., but she never let me know how bad things were, her health the stress the abuse she was suffering because of them, how do I make them give to me the things that are rightfully mine according to her wishes? I can't afford to fly there and live there spending time in court. can I file fraud or small claims from calif.without having to appear in court? if so can I get court costs and lawyer fees from them also after a judge ment is reached? I was told today by 2 other family members that my siblings have money now from my mothers insurance. that my brother quit his job so that the two of them can travel. but I was also told that my sister could be dying, she is a severe alcoholic lives with my brother who also drinks. her skin and eyes are yellow, she has lost a lot of weight, she never eats pukes several times a day has diahrria bruises all over, swollen all over. he wants to take her on the road? she has a warrant for her arrest, I want to turn her in so that maybe they will keep her or put her in rehab. I want to file fraud charges against my brother for taking possession of items that mom left for me, plus my 1/3 of the life insurance and 1/3 of the sale of her car that she wanted sold but he's driving without title or registration or insurance

Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 1 hour by:
6/19/2015
Estate Lawyer: Irwin Law, Attorney replied 2 years ago
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7,559
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
Verified
Good Morning. I am truly sorry to hear about your family's situation. Your best chance to recover any money would be to sue the insurance company for paying out the policy to someone who was not the named beneficiary. You can do that from CA. For the other matters, those are civil claims so you cannot file fraud charges against your brother. Law enforcement will not get involved. You would have to open an estate for your mother in MI to be appointed as personal representative in order to filed a civil suit to recover the property. That would be impractical for the small amount of money that may be involved. Unless you are willing and able to confront your brother directly and demand that he turn over what you believe is legally yours, there is nothing more that you can do under the circumstances that you describe. I am sorry to be the bearer of unfortunate information, but to tell you otherwise would be dishonest.
Ask Your Own Estate Law Question
Customer reply replied 2 years ago

I'm sorry but I can't really rate your answer you didn't really answer my question. It's not your fault I' sure you know what you're talking about. you see I don't even know the insurance company she used or have a policy number. while I was in Michigan I spent days trying to get my brother to go thru her things with me so we could sort everything out. but he said he wasn't ready yet, couldn't deal with it. I live 2300 miles away I still don't have any info I can't fly back just to try and force him to honor her wishes. I know I could hold the company liable if they paid him all the insurance but he would of had to forge my name or something. I think he and my sister filed a claim and was paid their portion and now I have to find out the company and policy to file my claim. but he and she are always drunk and when I call and ask anything that upsets him he hangs up. and now I heard my sister is showing extreme signs of liver failure. it's a mess and i'm just going to wait and see if my niece will be able to get the info I need from her mother or her other aunt where my moms belongings are stored. thank-you anyway.
this whole thing for the last 3 months has cost me thousands of dollars the trip the hotel car rental and I paid
90% of the funeral costs. I can't afford 45$ questions that don't help me

Estate Lawyer: Irwin Law, Attorney replied 2 years ago

I am afraid that when you signed up with Just Answer you may have misunderstood our function. We provide information only. We do not actually perform services for our customers. Under the circumstances that you describe, taking your impaired brother or sister to court is out of the question, both from a small amount of money involved and your financial condition. Unless you can convince one of your Michigan nephews or nieces to physically take the itemsthat you want and send them to you, your situation is hopeless. I am truly sorry about that.

Ask Your Own Estate Law Question
Was this answer helpful?
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7,559
7,559 Satisfied Customers
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters

Irwin Law is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
If a beneficiary of a trust has been living in a house owned
If a beneficiary of a trust has been living in a house owned by the trust, is there a way that the trustee can begin charging rent, perhaps as a step before eviction?… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,841 satisfied customers
In the case where a member of a Close Corporation dies, does
In a case where a member of a Close Corporation dies, does the appointed executor automatically assume the role of a member in the CC - with all the benefits and duties or are there formalities to sat… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I hearby give ,devise and bequeath all my estate ,real ,personal
I hearby give ,devise and bequeath all my estate ,real ,personal and mixed as follows: does this mean house cars bank accounts excetra? This comes from grand mothers will.… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
We gave a Life Estate to our dad. We purchased the estate
We gave a Life Estate to our dad. We purchased the estate and care for him for an additional $1500. We have beliefs that do not include pork or shellfish and as such we do not have it in the house. Da… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Have a big estate problem. Dads estate is worth millions of
Have a big estate problem. Dads estate is worth millions of dollars and the real estate is being liquidated to fund the trust and we are not getting disbursements. This is in Texas. The lawyer and co … read more
Jessica B
Jessica B
Juris Doctor
1,052 satisfied customers
According to the will, estate beneficiaries are entitled to
According to the will, estate beneficiaries are entitled to inherit furniture in defendant's residence. For various reasons, distribution to them cannot yet be made. However, the residence, which is n… read more
LegalGems
LegalGems
Juris Doctorate
11,942 satisfied customers
My brother is executor of my dads estate - in the estate is
My brother is executor of my dads estate - in the estate is a manufactured home that I lived in with my father for over 6 years. My brother gave me a 60 day notice to vacate. Can he do that? The home … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If a person is the beneficiary of an estate and receives an
If a person is the beneficiary of an estate and receives an inheritance from the estate is the distribution taxable… read more
Expert James
Expert James
Doctoral Degree
12,113 satisfied customers
This is a matter of a life estate. There are disagreements
This is a matter of a life estate. There are disagreements over the following: Beneficiaries listed above (in attachment) think they are entitled to a portion of the property My understanding is that … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,834 satisfied customers
California Estate Taxes - how soon is the estate responsible
California Estate Taxes - how soon is the estate responsible for filing an estate as of death taxes?… read more
LegalGems
LegalGems
Juris Doctorate
11,942 satisfied customers
Estate Cases. Need a Lawyer who is current on. +Estate in
The deadline is near ,need help.It's about our Mother and her death ,propertys… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,834 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
Can a life estate be broken if the person has abandoned the
Can a life estate be broken if the person has abandoned the property?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers
How do I calculate the value of a life estate in real property
How do I calculate the value of a life estate in real property? The age of the person is 58. The vaue of the property is $300,000.… read more
Irwin Law
Irwin Law
Attorney
7,559 satisfied customers
Can you explain the wording in a will to me
Can you explain the wording in a will to me?… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
In Pa. when can you issue Estate Notices in the newspaper and
In Pa. when can you issue Estate Notices in the newspaper and over what period of time must they be posted? How many times must the notice be listed? Are you requiered to list the estate notice in mor… read more
socrateaser
socrateaser
1,031 satisfied customers
Can a life estate agreement be reversed in court? If so how
Can a life estate agreement be reversed in court? If so how difficult would that be?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
How do you determine basis of property inherited 20 years ago
How do you determine basis of property inherited 20 years ago if you don't know what the fair market value was back then?… read more
Attorney2020
Attorney2020
Lawyer
2,480 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x