Wimauma, FL asked in Estate Planning and Probate for Florida

Q: Is there anything I need to do to make sure I'm not loosing my inheritance?

my older brother didnt file my late mothers will but instead year and half later went to a lawyer and now is filing a petition to descent and heirship and said she died instate. Before my mom died she went and got a $15,000.00 mortgage on her home and gave it all to my brother in one transaction through PayPal. I was unaware of this, until after her death. We found a buyer for my mom's house and signed a contract until the title search came back that the transfer on death deed was filled out by my mom and lawyer but never filed at courthouse. The property is supposed to be split evenly 3 ways between myself and 2brothers after my mother's funeral expenses and now this unfairness of mortgage of $15,000.00. what helpful info can anyone give me please. My mom lived in Kansas and I just moved to Florida about 6months ago. My mother died in fall 2023. Why do I have to have a smaller inheritance now due to my brother's loan he got from the mortgage she got. And do I need to talk to courthous

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2 Lawyer Answers

A: If your mother resided in Kansas and her home is located in Kansas, then you need to repost this question under Kansas to be answered by a probate attorney in that state.

Anwar Elias Hadeed
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Answered

A: I'm sorry you're dealing with this complicated and emotional situation. Here’s some guidance that might help clarify your steps forward, but keep in mind that consulting a qualified probate or estate attorney in Kansas will be your best course of action. Here’s what you need to consider and act on:

Locate the Will: If your mother had a valid will, file it with the Kansas probate court to challenge your brother's claim that she died intestate (without a will).

Challenge the Petition: File an objection to your brother's petition for descent and heirship. The court needs to hear your side.

Investigate the $15,000: If your mother gave your brother the mortgage money as a gift or loan, it may reduce his share of the estate. Gather evidence (bank statements, communications, etc.).

Address the TOD Deed: If your mother intended to split the property evenly, the unfiled transfer-on-death deed may still show her intent. Consult an attorney about this.

Hire a Kansas Probate Lawyer: They’ll help you navigate the process, represent you in court, and ensure fairness.

Act fast to file objections and protect your rights before deadlines pass. Contact the court and gather all evidence about the estate!

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