Q: For probate! Can a sibling open up an estate because my brother passed away and no one is trying to settle anything.
He was married and had a baby by an ex girlfriend. Neither has done anything. The siblings want to get things settle. Without a dog in the race can we ask for our money spent on probating his estate be given back. We are wanting what is best for his son which is a minor.
A:
You are in a difficult spot. If your brother has assets that need to be retitled in his child's name, the best answer might be to apply for a year's support for the child. If your brother did not own any assets that need to be transferred through probate court, not opening the estate might be the right answer.
I have yet to run into anyone who turns away an inheritance. I assume the mother of the child would act if she knew what to do. Help her find an attorney who can guide her in handling the estate for her child.
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