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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.