Q: Can I challenge the intestate status of my father's estate based on his diagnosis of Alzheimer's disease?
My father died from comps of Alzheimer's disease, intestate. My brother & I are sole heirs. However, my brother (there are witnesses to this) is mentally ill but will not see a Dr. I know my father, wanted to keep his property/ranch in the family. My brother wants to sell the property, of which my father eventually had him removed from, because he repeatedly would move home until his 50s, not wanting to pay rent or a mortgage to provide for himself. The assets of estate were used to pay mortgage after my father's death, an unscrupulous third party "pr" sold a major asset below market value which could still be used to pay mortgage had it been sold at market value. I, had negotiated selling asset at higher value, prior to prs apptmt, but PR ignored this. Also, PR, my ex, used coercion of my brother to become the PR. The 2nd day after death, I realized my father wouldnt want this and did not give letters of administration to PR. The "PR" then used my brother to take them from me/my home
A:
The post reflects several points of contention which seem mostly related to dissatisfaction with the Personal Representative's decisions and/or how the other heir will handle their property. If the PR acted improperly (meaning they did not do what the law said they had to do) one can challenge and/or petition for removal. Generally speaking the Personal Representative has some authority to sell assets at a price deemed reasonable to the PR under all the circumstances. It isn't clear how far below market value the assets in this particular estate were sold.
Generally speaking, one cannot challenge intestate status -- either someone died with a will (in which case they get to dictate what happens to their property by that will) or they did not have a will, in which case the law steps in to say who inherits under intestate succession. The fact that the decedent suffered from any type of mental incapacity does not usually impact intestate succession (although it could in some cases invalidate a purported Will).
As with any contested situation, you are encouraged to seek personal legal counsel with an attorney of your choosing. The specific facts of a particular situation may affect how this general information applies to you.
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