Petersburg, MI asked in Probate for South Carolina

Q: Can I open probate for property in which my recently deceased brother was a joint tenant with no rights of survivorship?

My brother passed away and had no will. He jointly owned property with his ex-girlfriend who keeps giving away his assets instead of using them to pay his debts and reimburse my sisters and I for funeral costs. Can opening probate prevent her from doing anything else?

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1 Lawyer Answer
Nina Whitehurst
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Nina Whitehurst
Answered
  • Probate Lawyer
  • Crossville, TN

A: You can open probate and you should. Once you are appointed as the administrator of your brother's estate you will have the legal authority to demand the return of property that has been stolen from his estate.

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