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My brother, 2 years younger than my 75 years, and I were to split everything 50-50. He died unexpectedly 10 months before Mom. I'm the only living 'child'; but shocked that his children are legal heirs to his half. Disgusting - as they had nothing to do with her for years after she quit handing them money!



There is only her modest house and years of worthless accumulation, and a 2005 minivan with dead battery and dry rotted tires.
I am joint owner of her bank accounts, from which I took care of her financial needs for the last 3+ years. I take comfort that at least the accounts belong to me and not to the estate - hopefully (?).



I consulted a lawyer before Mom passed. I had 1 meeting with him afterward in which I authorized him to inform my brother's kids (who were as shocked as I; but now greedily expectant).



His statement was, "if there's no will there's no need for probate". I didn't ask what steps to take, but thought he would handle the rest. It's been 7 months with no word from him nor response to my messages.
I am holding a $5k refund check from Mom's facility that was void after the first 60 days.



I am searching online reviews for legal help because I don't know the first step in resolving the estate. Lawyers only want big money.



For anyone not here yet, find out what you don't know legally while you can get the correct documents in place!

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If lawyer does not return your calls, need to call another one. Yes you gave him money but now you need answers.
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Regarding a handwritten Will in TN:

"Is a Handwritten Will Legal in Tennessee?

In Tennessee, three types of wills are legal:

- A standard will that was created with the help of an estate attorney
- A nuncupative will, completed while the person’s death is imminent
- A holographic will, also known as a handwritten will

Although the courts will recognize handwritten wills, they must comply with T.C.A. § 32-1-105:

No witness to a holographic will is necessary, but the signature and all its material provisions must be in the handwriting of the testator and the testator’s handwriting must be proved by two (2) witnesses.

What the statute means is that a handwritten will is only found valid if the deceased had signed the document and two witnesses can prove that the handwriting is the testator. The will must be entirely written out – if it is typed out, for instance, it will not be valid under Tennessee law."

Source: https://www.mhpslaw.com/practice-areas/estate-planning-attorney-nashville/handwritten-will-issues/#:~:text=What%20the%20statute%20means%20is,be%20valid%20under%20Tennessee%20law.

There is more info at the link regarding "Issues Surrounding Holographic (Handwritten) Wills"
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bundleofjoy Apr 2023
the courts will also, as far as is possible, try to see whether the testator was in any way forced, or unduly influenced, to sign the hand-written will. and did the testator have a sound mind? also important is where that "will" was found. and the court might view the "will" as just a draft/outline. other factors that can make it invalid, for example: the testator forgot to include an important part in the "will", or uses incorrect language that calls its validity into question.

in any case yes, sometimes it can be valid. but it can also raise many legal questions; lead to potential heirs contesting; and be judged invalid.

it's possible OP's TN lawyer saw the actual "will" and came to the conclusion that it's invalid for many reasons.
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Rules about Wills can vary by state and you don't say what state your Mom lived in.

Go online to her county's (or district's) website and search "probate" to find out if it is required. You can probably even call the govt offices and the clerk can tell you.

When I did a search: Minnesota+"when is probate required" here is what came up...

"If your personal property exceeds $75,000 or you own real estate in your name alone, your estate must be probated."

Source: https://www.ag.state.mn.us/consumer/handbooks/probate

The need for probate is triggered not by the presence of a Will but by the amount of assets left in the deceased's name.
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seldel Apr 2023
I'm in Tennessee. Thanks for your response.
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Your brothers kids are not legal heirs to anything unless it was specifically written in the will that way. Since there is no legally valid will then you are the sole beneficiary. Of course that doesn't stop them from hiring a lawyer to try and get money.
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seldel Apr 2023
I love your response as to his children having no claim. But the lawyer said according to the state of Tn that is the law. IMO it is SO WRONG that these hellions should have any claim. And it feels like an intrusion that the state has a say in my mom's affairs in the first place!!
I was the only one taking care of my mom's interests as POA.
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This info may help:

https://www.clearestate.com/en-us/blog/tennessee-intestate-succession#:~:text=If%20someone%20dies%20intestate%20in,then%20passes%20to%20any%20siblings.

Also, what about her "handwritten unwitnessed will"... does it have no legal weight at all in this case? Seems like it should. What reason did the attorney give that this document is not valid?
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seldel Apr 2023
There are a couple of sheets with different dates where she wrote her wishes that my brother and I would share equally. One of them she typed and printed - that being the one where she specified she was not leaving anything to grandchildren because she had provided for them while she was living. She spent lavishly on them as her nurses salary allowed at the time.
The lawyer says it is not valid because there should be 2 witnesses and notarized.
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Go to Probate. You become an Administrator. You get a short-certificate to handle Moms estate. No Will, the State determines who inherits. I think in my State you would inherit as the child. Grands don't come into the picture unless the children have died. Not sure if there is a trickle down effect meaning the grands gets ur sbrothers half. Probate should be able to answer that question. If they do, they do.
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MACinCT Apr 2023
I will add that whoever is the executor will fist pay off professional house cleaners and all bills from the sale of the house. The executor keeps records of time spent and can actually get paid for those hours. This money is paid out before final distribution.
Also the state probate will tell about distributions based on their laws. In SC it is the wife and children who get equal shares
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As I understand it, a person who has died cannot inherit, meaning if your brother died before your mom his kids cannot claim his share . It is actually better for you that her will is invalid, you as next of kin are entitled to her estate, and I suspect that is what your lawyer meant by no need for probate, which again is a blessing as probate ties everything up. If you haven't heard from your lawyer why haven't you called him? Get on his case. Or you can go to surrogates court yourself to be appointed administrator of her estate. You can then go to the bank and close out her accounts. You can have her house deed recorded to you. You are the next of kin, you inherit. My aunt died and had no will, my mother had to do this as she was her next of kin, I helped her and we were able to just do what had to be done. As long as the estate is under a certain amount you can do all of this yourself. You are not obligated to give your brother's children anything.
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Maryjann Apr 2023
Interesting. Definitely time for OP to pay an estate lawyer's fees. As you said, the nieces/nephews may or may not be entitled to a share.
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Seven months with no communication? You need a new lawyer pronto. After the first few times of not hearing back, that should have prompted you to make a change. That lawyer is not the one for you. As others have noted, each state has different rules regarding the probate process. A competent attorney will be able to guide you through the process relating to your state.

I am son who was a full-time caregiver for my mom. Each year, I would go over important legal documents with her: POA, Health Care Proxy, Will, Funeral Arrangements, Obituary, and Deed, to make sure she was OK with everything. I would then prepare a sheet that both of us signed and dated noting our review. I wanted it for my record in case anyone (including my siblings who were never involved in her care) every questioned my decisions.

When she died last year at age 93, I was prepared. Her funeral wishes were followed. When it came to closing the estate, it was a very simple process that involved my attorney's office filing a death certificate with the County Clerk to confirm ownership of the family home (mom had life use) transferred to me. The paralegal kept me informed of what she was doing by email and phone, and responded to all my questions. I paid an upfront retainer fee that was drawn down as the process moved forward.

Many of the horror stories that occur regarding control over property, bank accounts, estates, funeral arrangements, etc. might be avoided if wishes were discussed and reviewed on a regular basis. Death is certain for all of us. Having one's wishes known before makes it easier for those who survive. I wish you well.
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TouchMatters Apr 2023
Yes. It is a red flag that this woman let 7 months go by.
But she did so that is water under the bridge. It doesn't help to point this out (as I also was wondering about it).

Talking about what she should have / could have done doesn't help her 'now.' It might (hopefully) help others reading this.

Yes. You were prepared. And, this doesn't help the writer of this missive at all. She can't go back ... try to be more compassionate to the situation this woman / daughter is in now - to support her.
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Find another attorney.
Do what you can and then let it go. . . as difficult as this might be.

You do not want to ruin your health due to legalities and how things went in the past. It is easy to realize what we should have / could not done after the fact.

I understand this is not only emotionally difficult, it involves finances and what you feel is unfair (which it might be). Anger will not serve you moving forward. While it will / may be difficult to consider the situation this way 'be grateful for what you do have / will have' and appreciate yourself for what you did for your mom, regardless of how the Will / or lack thereof is divided up. I know this is a tall order / recommendation / advice-support. You want to maintain your well-being as best you can. Being mad, disappointed, upset, angry will not serve you. Although it is understandable.

Gena / Touch Matters
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The law of the state where your mother was residing in when she passed will control what happens. If she passed without a will according to that states law, everything generally passes according to state intestacy rules. If she had a will then the executor would generally have to open a probate, pay any debts, and disburse assets to the named beneficiaries. I would talk to a lawyer in that state who does probate.
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