My mother died a year ago n left no will. Her friends told my brother and I she wanted me to have the house. I'm oldest child. I lived there on n off the last year meanwhile it was repeatedly broken into. Well now my brother paid a lawyer to be executor of the estate. because his stuff was stolen along with mine he's selling the house and keeping everything
I’m sorry for your loss.
If your mother passed without a will, and you and your brother are the only ones to survive her, then you and your brother are entitled to split the estate 50/50. Additionally, Oklahoma Probate law doesn’t not permit the sale of real property without the consent of all heirs. I highly suggest reaching out to a probate attorney that can represent you and your interest in the estate.
Garrett A. Eller is a licensed attorney in Oklahoma and is with the firm Eller Legal Planning, LLC based in Edmond, Oklahoma (405-254-7526). My answers are for general information only and not legal advice. I provide legal advice and counsel during the course of an attorney-client relationship only. This relationship is established by a written agreement and a retainer (unless otherwise agreed upon.)
Just because your brother hired a lawyer to have appointed as the executor doesn't mean you are without rights. Likewise, just because your mother said she wanted to receive the home doesn't mean that can happen. You are her legal heirs and entitled to share the proceeds of the estate equally. That means you must be notified of any court hearings and have the right to appear and contest any proposed distributions with which you do not agree. You also can seek to have your brother removed as executor and for you to replace him, but this probably isn't necessary. You will want to speak to a probate attorney who can intervene on your behalf and make sure your rights are protected. Good luck.
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