My brother was named administrator of our late fathers estate and has claimed everything for himself. How do me and my other brothers try and acquire some of the assets?
2 Answers from Attorneys
There are several questions that need to be answered: How were the assets that your brother has claimed for himself held (father's name exclusively, in a trust, jointly?). Did your father have a Will and/or Trust? What were the terms of the Will and Trust? What is the size of your father's estate (rough amount of value of total assets he owned)? Have you requested a copy of the Will and/or Trust from your brother who has claimed the estate for himself? Has a court proceeding been started?
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What does the Will (or trust) say? As trustee or personal representative, your brother has to follow your father's written wishes. If there is no will or trust, your father's assets pass by intestacy, in other words in equal shares to all his children (assuming no surviving spouse.)