can i make a claim on my late mothers estate if if goes to the treasury she did not make a will.
England, AR
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Posted 28 days ago in Probate
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could myself and my siblings lose our late mothers estate if it goes to the treasury?our brother says he paid the mortgage of said property(untrue) he cant prove this he's had 18mths but still wants half the property.refuses to reply to correspondence.our parents wanted it split 4 equal ways if anything happened to them,but our brother is contesting this but is doing nothing to solve it.we can not afford to go to court ,is there anything we can do? could we make a separate claim 4 it some other way,we don't want him 2 lose his share just to share it equal,He has done this before gone to court trying to get full custody of a property,and he was left paying costs.so this time he wont take it to court as he is waiting for us to do this.the property is being let monies going into the estate to
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a lawyer was dealing with the estate but is unable to share this out due to our brother contesting things,and wanting half the property saying he payed the mortgage(he did not)we can't proceed its been 18mths stale mate.the estate will be eaten up in solicitor costs.our brother is just waiting 4 us to give him half the estate.can we continue with the equal shares as he can't prove payments,hes had enough time now.And our parents wanted it equally shared.with the 4 children.they never said our brother payed mortgage and we all now he didnt he also nows this,hes in debt and just calling our bluff we lose everything if we dont agree to his terms. Answers (1)Mark A. Jinkins
This attorney is licensed in Wisconsin.
Posted 28 days ago.
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I'm not sure I understand you reference to "the treasury" and am assuming that means the government. Generally when a person dies without a will the law determines the distribution of property and normally close relatives such as children would recieve. You should check with an attorney in the state where the real estate is located to determine hte law and procedure for you to obtain your share, and that attorney may be able to reply to your other questions..
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