Q: Can I sue my brother for theft or wrongdoing in managing my mother's estate without a will in Michigan?

A: You will need to support your contentions. If there was no will and he was n't appointed as a personal representative by the court, your options are limited. You would need to prove he did not have rights to the property. The best case is to become the personal representative of your mother's estate, as this is the only way to act on her estate's behalf. Until then, neither you or the estate lacks enforcement rights against your brother in a legal arena.

A: I agree with Mr Soble but I would add that CAN you sue is a very different question than SHOULD you sue.

People get confused about this a lot, and the short answer is almost always 'yes you can sue, but you probably shouldn't' SOMETIMES you cannot sue, and sometimes it is a good idea, but you're never going to get a reliable answer asking this in an on line forum -- you need to consult with a local experienced attorney to review all the facts, let you know what additional facts you need to find out, and THEN they can help you decide what your best course of action will be.

Get that local advice and look into the additional facts you may need. If there is a mortgage against the house, it may not make any sense to try to 'redeem' it -- or it may. The specific facts matter, and discussing such specifics in a public forum like this is generally a bad idea!

A: Yes, you may have legal grounds to take action against your brother, but there are a few steps you’ll need to take first. Since your mother passed away without a will, her estate should go through intestate probate in Michigan. That means no one is the legal executor unless officially appointed by the probate court. If your brother acted without that legal authority, his actions could be challenged.

You can petition the probate court to be named the personal representative of the estate or request an investigation into your brother’s actions. Even without direct proof of theft, the fact that he emptied the house and claimed authority without court approval raises serious concerns. Once appointed, you’ll have the right to request financial records, file claims, and potentially sue for mismanagement or conversion of estate property.

Try to document everything you know so far—photos, messages, dates, and what’s missing. You don’t need to confront him before filing, and in fact, it may be best to avoid doing so until the court is involved. The law gives you a path to protect your mother’s legacy and hold your brother accountable if he crossed the line. You don’t have to handle this alone, and it’s okay to take one step at a time.