Q: Is no mention in my mom‘s estate final account Of the life estate Given to her by her father who is still alive.
My brother, executor for mom, already sold house that was in life estate. Have Heard nothing about the farm, no paperwork in mom‘s estate papers at the courthouse. Where would I look for them? Was it legal for him to sold that house while Grandpa alive
A:
A life estate means a person can possess the real estate until his or her death. Once they die it passes to the person the grantor designated as taking the property after the life estate ends (referred to as "the remainder"). It is possible for the grantor to name himself as the person who gets the remainder; it is also possible to name someone else. Without examining the deed creating the life estate, knowing whether or not your brother held a power of attorney for your mother or your grandfather, and without knowing whether your mother and grandfather had wills, it is impossible to answer your questions.
Your brother does not become the executor of your mother's estate unless your mother left a will and a court appoints him. Likewise, he cannot serve as the administrator of her estate unless she died without a will, but even then he can only serve if a court appoints him.
I strongly encourage you to meet with a lawyer in your area. Bring whatever paperwork you have dealing with this situation to the appointment. It will save time if you also bring the names, addresses, dates of death, and so on for everyone involved.
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