Q: My dad died in Oct. 2017. My brother filed probate papers in March 2018. My brother died in 2020.
I went and got a copy of my dads probate papers. They said both my brother and my name on papers. The estate said there was $30,990. My brother paid my dads furneral $13,000. He kept the balance for himself. He was suppose to split with me. Like I said he passed away a month ago. I didn't know about the remaining balance. He has a wife in which she will receive his insurance money. Can I make a claim to try and get the money he stole from me? After my dad died I had a nervous break so I assumed my brother was being honest. He bought a motorcycle, cars etc. with the money. His wife told me he burned the paperwork in the fireplace. Do I have a claim?
A: Yes, you have a claim against your brother's estate. Probate court where you father died should have copies of the various filings in your father's estate. They should show the amount you were entitled to and then you'd have to prove he kept that money and didn't pay it out to you. Then you can make a claim in your brother's estate, if there is one opened. If there isn't a probate opened for your brother, you can start one.
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