First I would call the IRS help line. If you have already done that I would contact the Taxpayer's Advocate Office. He was not authorized to sign the return and the IRS should not have processed it. Going to small claims is a good idea which may be better than going to probate court and being appointed as her personal representative.
Let me know what works. Attorney don't know it all either.
Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.
Good Luck starts with a strategy and a plan.
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns,
Homeowner Association Strategist.
As far as the life insurance, brokerage funds and bank accounts are concerned you should contact them because they will pay you your 50% directly. You may also considering filing for an heirship, which is a type of probate where there is no will, and get appointed administrator. This would get you a court order that would give you authority to handle your mothers estate. When you do the administration you can also apply for reimbursement of the entire funeral costs and get that from her estate, or 1/2 from your brother.
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