Q: Brother passed no wife or children he received everything from grandparents only uncle cos r leftcan I enter his house
Igrandparents left everything to my brother when he passed he had no kids no wife no other siblings there's an uncle and cousin someone has filed papers for probate against the will as his brother do I have the right to go and is home do I need to notify the police before entering or do I need to notify the police before entering
If i'm allowed in what do I do if I find anything illegal
A:
Great question. You do not possess any inherent authority by virtue of being his brother to possess or enter the home. You are from the sounds of it, in highest priority of appointment for personal representative.
Someone (sounds like a creditor) has started a probate action. They are petitioning the Court to commence the transfer of assets from your brother's estate to the living. The court will appoint someone to oversee this (the personal representative) close family members have a priority of appointment meaning that the Court will choose them to serve if they want to first before a creditor or someone else. Therefore if you elect to serve, you will get the appointment and be able to supervise and manage the distribution of your brother's estate according to the laws of intestacy or according to his will if he has one.
No one except for the personal representative has the right to enter the premises and deal with the property.
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