Q: my brother died and had no will all property and money went to his daughter which proved to be incompetent do to illnes
do I as his only brother become executor
A:
His adult daughter would have a priority over his siblings to be appointed administrator of his estate. But if she is incompetent or unwilling to serve, you as his brother may petition the court for letters of administration. As long as you are not disqualified for reasons such as a felony conviction or others, you could be appointed to serve. You should speak with an experienced probate lawyer in the state where your brother lived, especially if he had property there. Many offer free initial consultations. Good luck.
PS: My comments here are for general information only and are not legal advice about your specific situation nor do they create an attorney-client relationship. Consult an attorney in your state for legal advice.
Richard Winblad agrees with this answer
A: The personal representative is appointed by the court. If you brother was unmarried and had an adult child, then that child would have priority over you to serve in that role. However, a court is not required to follow the priority as listed.
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