My mom died early this year, my only brother said he couldn't find the will at the time of her death. 8 months have pasted.

Asked about 3 years ago - Madison, IN

He told me everything was gone, My parents home he let go back to the back,he has since moved out of the home has left no address to contact.Does not answer calls what can i do to find out if all is true. He has had power of attorney since my dad pasted 10 years ago,what are my rights as a adopted child, My brother is a paralegal, if that matters my parents weren't rich but they weren't poor either, My brother also said there was no life insurance which i really find that hard to believe. Thank You

Attorney answers (3)

  1. Donald Joseph Quinn II

    Contributor Level 15

    Answered . Retain an atty and see if you can find out if there were any POD accts leaving everything to your brother. If he used the DPA to change the beneficiaries then he might be liable to her estate. You need to find out the statute of limitations for the state where your mother was a resident when she passed away.

    Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of... more
  2. G. Timothy Leighton

    Contributor Level 4

    Answered . The answers are going to depend on what state your mother claimed for her residence when she died. States have laws called "intestacy" which set up default rules for who inherits when there is no will to be found. Power of attorney documents are probably useless since they actually terminate when the person who signed them dies. You should consult a lawyer who is licensed in the state where your mother resided at the time she died. That lawyer can help you understand your rights under that state's laws. You should also ask that lawyer whether your brother as a paralegal has any formal duties and responsibilities that go with being a paralegal. If he is certified, and has abused his access to information or responsibilities, he might have put his certification at risk. A good lawyer experienced in probate matters would know how to contact life insurers to find out about life insurance policies even if a family member asserts no policies are out there.

  3. Steven J. Fromm

    Contributor Level 20

    Answered . You have waited a long time to respond. You need to get with an estate litigation attorney to guide you through the processing of exercising your legal rights here. By the way the POA lapsed on mom's death so he could only have acted if he was named executor of the will or if no will he was named administrator of the estate. Or if he stole everything from the estate while she was alive by using the POA, you need to retain an estate litigation attorney to attempt to recover these assets. This is way beyond your skill set, so retain an estate litigation attorney immediately. DO THIS NOW!

    Hope this helps. If you like this answer and have a Google account , please hit the +1 sign above. It takes just a second to do this and it would be most appreciated and would help others. Thanks.
    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is , his website is and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more

Related Topics

Intestacy and probate

Intestacy occurs if someone dies without a valid will. In this case, the estate goes to probate and is distributed according to the state's intestacy laws.

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