Q: Can my brother hide any kind of inheritance from me from our recently passed father? No will or power of attorney
He told me there was nothing, and now I’m told there is some money at least in his bank account, It sounded like he was gonna have to get an attorney to access the account, he hasn’t told me anything and I haven’t asked….im wondering if I need to do something or if maybe an attorney and courts would block him from possibly trying to keep it from me.
A:
If you do nothing, how will a court or attorney even know anything about it?
As an heir at law of your father, you have the right to file an application to probate your deceased father's estate. Even without a will, for a relatively simple and straightforward estate, probate is cheap, quick, and certain.
If you and your brother are your father's only children and he died single without a will, you and your brother should each inherit half of your father's estate.
If you file the application for probate and are appointed as independent administrator of your father's estate, the small cost of the probate can be deducted from your father's estate before making any distribution between you and your brother--just like his funeral expenses and any medical expenses for your father will be.
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