Q: Can I refuse to be part of probate for my brother? I don't want to have anything to do with the process.
I am the oldest of 3 children. My youngest brother died 9 yrs ago, on the streets, homeless. I was the only one who cared to go to his funeral. The middle brother and parents were not interested. Now, years later, he was contacted by an agency claiming that the deceased brother has a bank account with quite a bit of money in it. I was contacted years ago by a similar agency, but did not believe it. He was homeless! They told me that it is possible it was an accumulation of Social Security checks, which have to be paid back to the government. I was too busy with work and did not want to get into it. Now the middle brother opened probate and hired a lawyer to get his hands on this money. Disgustingly greedy! He emailed me to ask for my help. I told him what I knew and that I was not interested in being part of any of this. Now his hired lawyer sent me a certified letter. I did not pick it up from the post office. I don't want to be involved. Can they force me to be part of it?
A: I suggest picking up the certified letter. They are required to give heirs notice of any action in which they might be beneficiaries, etc. There are ways for you to opt out of any part of the estate you might otherwise be entitled to. His opening a probate action does not constitute any type of illegal action. The funds, if truly part of the estate, will need to be validated, etc. before distribution to any rightful heirs.
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