Lebanon, TN asked in Civil Litigation for Tennessee

Q: i had to bury my mom in 2015 and then my dad in 2018.. my brother and his wife were on the run from the law he was let

out of jail on medical furlough and was on the run for 18 months.. he is now back in custody.. t

over 2 yrs has passed since the will was filled in probate can he challenge the will still?? he is saying we did all kinds of bad stuff but we had days to get him buried he left all to me exept a 2000 symbolic gesture if there was any money left but after their funerals and final bill expenses i took out loans to pay for it all my brother contributed in no way to the funerals or the bills he hepled incure.. he left my dad to die and stole from him and abused him horribly.. and now he is demandin money that is just not there what should i do plz help if you can

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1 Lawyer Answer
Paul E. Tennison
Paul E. Tennison
  • Brentwood, TN
  • Licensed in Tennessee

A: If your brother is currently in jail, it doesn't seem like he has any ability to secure money from you. If your brother threatens you or stalks you when he gets out of jail, you may want to consider filing an Order of Protection against him.

If the case was in probate 2 years ago, it is probably closed and it is too late for your brother to do anything in that court. To be sure, see if there is a final order. 30 days is usually the appeal timeline, thus if it has been more than 30 days after the final order, the case should be over. In rare circumstances cases can be opened back up later. I do not think those would apply here.

You may want to consider contacting the prison/jail where you brother currently is and alert them to his behavior. That could make things more difficult for your brother. It may also make him angry and increase the likelihood that he would attempt to retaliate against you in the future. I encourage you to consider thoughtfully your options and to be alert and aware of your safety and surroundings. Good luck.

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