my brother passed away and had no will how do i get his stuff without a lawyer

Talk to a probate attorney in the county where your brother lived. * This will flag comments for moderators to take action. You need to open a probate estate, gather up his assets and debts. An attorney will help you get the process started and ended.

Full Answer

What do I do if my brother dies without a will?

Jun 03, 2013 · You should first make an inventory of his assets. Any assets that are in his name alone will have to go through probate court. If the total value of the estate is less than forty thousand dollars, you may use the small estate procedures. The estate administration can be completed in a few months.

What can I do if my brother refuses to pay bills?

Jan 25, 2017 · Sorry to hear about your brother. Since he died intestate (without a Will) the rules of intestate succession determine inheritance. Your brother was not married and had no children. Therefore, his parents inherit his estate. If the parents are deceased, the estate goes to his siblings. The estate is divided equally among the siblings.

How do I Claim my Brother’s assets after his death?

Nov 14, 2019 · You likely should and need to speak with a Florida Probate Attorney and they can help you determine what type of probate, if any, is required. The ability to use the Power of Attorney ended on your brother's passing. You have no obligation to open or pursue a probate at all and you have no responsibility to pay any of his debts.

Can I Sell my Brother's car without a will?

Jun 27, 2020 · (844) 533-3367 Email Lawyer View Website A: The son could buy the 1/2 of the house the sister owns now. He should easily be able to get a loan for 50% of home. This protects the sister in case he eventually does something that could endanger the property. Talk to an attorney to go over your options and obligations as an executor.

What is considered a half sister in intestate succession?

If an intestate succession law includes the deceased person's "sisters and brothers" or "siblings" as heirs, this group generally includes half-siblings and may even include half-siblings who were adopted out of the family.

What happens if there are no children?

If there are no children, the surviving spouse often receives all the property. More distant relatives inherit only if there is no surviving spouse and if there are no children. In the rare event that no relatives can be found, the state takes the assets.

How long do you have to live to inherit?

In many states, the required period is 120 hours, or five days. In some states, however, an heir need only outlive the deceased person by any period of time -- theoretically, one second would do.

Can a survivor be married to a deceased person?

To qualify as a surviving spouse, the survivor must have been legally married to the deceased person at the time of death. Usually, it's clear who is and isn't married. But not always.

What does "children" mean in law?

The simple term "children" can mean different things to different people -- and under different laws. Many state statutes use the term "issue" to describe who should inherit in the absence of a will, meaning direct descendants of the deceased person (children, grandchildren, and so on). Adopted children.

Can a man and a woman be married?

A few states allow common-law marriages (in which a man and a woman who never went through a marriage ceremony can be considered legally married under certain circumstances). Generally, to create a common-law marriage, the couple must live together, intend to be married, and present themselves to the world as married.

What happens to children when their parents die?

Intestacy laws often provide that if one of a group of heirs has died, his or her children inherit their parent's share. In other words, they take the place of the parent. According to this concept (called the "right of representation"), children (or, in some cases, grandchildren) stand in the place of their deceased parent when it comes to inheritance. Figuring out exactly who should inherit can be complicated depending on state law.

My brother died had no will he was not married or no children what happens to his estate can any family member go into the estate and take his personal property

My brother died unfortunately#N#family members have broken into#N#his home all his belongings are no#N#longer in his home and his bran#N#new car is gone is their any thing#N#we can do the law has been broker

Answers

Sorry to hear about your brother.#N#Since he died intestate (without a Will) the rules of intestate succession determine inheritance.#N#Your brother was not married and had no children. Therefore, his parents inherit his estate. If the parents are deceased, the estate goes to his siblings. The estate is divided equally among the siblings.

Who does property pass to when someone dies?

For unmarried individuals, property and money pass to children and then to other relatives, including grandchildren, parents, grandparents, and siblings. In rare cases, someone may die who doesn’t have a will or living family members to inherit.

What can you do with a will?

By making a will, you can determine which property and belongings should go to your spouse, children, family, friends, and even pets. Additionally, you can request that sums of money be given to various charitable organizations or groups.

What is a power of attorney?

What Is Power of Attorney? A legal term, power of attorney grants an individual known as the agent the right to act for another person, referred to as the principal. Depending on the case, a principal may appoint an agent to make decisions about their finances, legal rights, healthcare needs, or all of the above.

Who is appointed as executor of a will?

If the decedent failed to appoint an executor, the court will appoint one for them. In most cases, spouses and close family members are assigned the task of serving as a will’s executor.

What is the purpose of a last will and testament?

Choosing an Executor. Creating a last will and testament enables you to select someone to serve as executor. This person will be responsible for distributing your money and property according to the tenants of your will after your estate has gone through probate.

Who is Ryan Hodges?

Probate attorney Ryan Hodges is an experienced and highly regarded, and has helped hundreds of families navigate the probate process in Arizona. Contact our office below to get help with your case.

What happens when there is no will?

Generally in the situation you describe the assets would pass to his next of kin which sounds like it would be the brothers/siblings. In order to sell the car someone (you and or you and your brother) would have to be named as personal rep of the estate (administrator (s)). To do this you need to contact the office that handles estates in...

Can you transfer a car to your brother's heirs?

You will need some sort of probate administration to transfer the car to your brother's heirs. Depending on the value of the car and the amount paid for funeral expenses you may be able to use a procedure called a Summary Release from Administration.#N#More

What happens if you don't name your heir in your will?

If you were not named as an heir in your deceased parents' wills or trusts or if you don't believe your sibling is managing estate administration appropriately, you have the right to contest the administration in court. Losing a parent or another loved one can be difficult emotionally.

What is probate in a will?

Probate is a public proceeding. Even if you were not named in your parents' will (s), you have the right to read the will, any codicils (amendments) to it, and court filings. You also have the right to notifications about upcoming court hearings.

What are the duties of a personal representative?

Fiduciary duties of a personal representative include: 1 Representing the estate in court proceedings 2 Inventorying assets 3 Safeguarding assets 4 Notifying creditors, heirs, and interested parties 5 Paying valid debts and other claims 6 Handling tax filings and obligations 7 Distributing remaining assets as provided in the will 8 Providing a final accounting to heirs and interested parties

What is a personal representative of a deceased person?

The personal representative of a deceased person's estate is a fiduciary, meaning they owe a legal duty to the estate and its beneficiaries. The personal representative must carry out those duties in a responsible manner, making decisions that are in the best interest of the estate as a whole rather than in their own best interest.

Is probate required for a small estate?

Exemptions from Probate. In some states, probate is not required for certain small estates, even if the deceased person left a valid will. In other states, probate is required if there was a will, regardless of the size of the estate.

What happens if a father dies without a will?

Children's inheritance rights are determined by state laws when there is no will. Therefore, a child may receive far less or much more than the father intended if the father died without a will.

How old do you have to be to inherit a child?

Minors are not permitted to receive their inheritance until they reach a certain age. Most states use 18 as the age at which a child may receive an inheritance from his or her father. Until that time, a court-appointed trustee, guardian, or conservator manages the child's inheritance.