Is There Anything We Can Do About My Mom's Estate?

[patwin87]

Over the years, my mom told me that her will stated that when she passed that everything would be divided equally among the three of us. About a month or so before she died, she updated her will which now stated, according to my brother (I just asked for a copy but haven't gotten it yet) says that it now says that I am to get a car, if there is one and that he and my sister were to get everything else. He told me that he owns the car and it's in his name and he bought it. Well, the fact is that he switched the title to his name about the time mom updated her will. He offered to sell it to me to help pay for funeral costs. He went to a couple of lawyers to file the will but they stated that since she didn't have anything in her estate that he couldn't put it to probate. The fact is that my mom had a two bedroom apartment filled with old furniture, antiques, and some valuable jewelry including a pearl necklace. He claims to avoid paying another month's rent on her apartment that he donated everything and found the necklace broken in a drawer. He and my sister couldn't agree on a date and time to meet to go through everything, so he gave everything away. My mom lived out of state so it wasn't possible for either my sister or I to get up there any time soon. A few years back, he also told me that he had something to tell me after my mom died. Now, he claims he has no idea what it was. We both feel my brother is hiding something but have no proof. I only have a few pictures of my mom's place so can't prove that she had things of value. He claims her checking account was empty. I live on disability so can't afford a lawyer. Would legal aid take care of something like this? He's also asking for $2,500 to help pay for the burial. The balance on the bill is $6,100.

[breasal]

Sounds like he is lying to me.
He sold everything and spent the cash.
You could go after him but if he is penniless, it's probably not worth it.
DO NOT give him one cent for the funeral.

[scirwode]

what could happen legally and what really will happen are two different things. legally your brother would have to pay you back the value of the things he 'gave' away..

probate has as much to do with simply finding out if the will is good, not as much about the value of the estate..so he is lying to you about that..

the will is public record since your mom died,, do you know the lawyer that did it.. if you do, you can call them up and request a copy and you can also talk to them about what you think your brother is lying about. legally they have to stop anything your brother is doing until things are sorted out.