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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.

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. 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 Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less

  2. 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. 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 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 <> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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