Q: My mom passed away, without a will, and my brother is selling all of the stuff in her home. Can he do this?
He refuses to open probate and the real property is in my mom's name only. If he sells the home without probate, will the State catch on?
A:
If the house is in mom’s name, it can’t be sold or transferred except by the personal representative of the estate. Brother would be selling something he doesn’t have to sell. As to the personal property, mom’s surviving spouse, and/or her children have a right to it up to a value of $15,000 total. If brother is taking more than his share or pocketing all the cash from mom’s stuff without sharing it with other children, that would be something you’d want to address with the probate court.
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