probate question?

Question

I just settled my dad's estate. It was under $50,000 so I just transfered everthing to my name. My attorney keeps telling me that I don't need to give my brother, who I never met before my dad died and who has never met my dad, anything. My brother has had me handle everything and he hasen't shown anyone proof that he even is my brother. I feel stupid asking for proof. What should I do?

Answer 1

You have a two-part question here. First, depending on the law in your state, just because your Dad is the biological father of "Bro?" may not mean that he is a legal heir. Second, it is not your responsibility to assist a claimant in establishing his bona-fides. It is up to Bro? to prove your Dad was his biological father, and then to prove that under your state's law he is entitled to a share of the estate, given that your Dad didn't adopt him, etc. I assume that your Dad died intestate (no will) which screws things up a bit, but it is still up to Bro?, not you, to make his case. And he has a time limit in which to do this, so sit tight and see what happens. Final point: hang onto the 50K until this is totally played out in the off chance that Bro? IS entitled to half. Ask your lawyer what the statute of limitations is here so you'll know when you're home free. P.S. Don't feel stupid asking for proof - do feel stupid if you don't. Hope this helps. Have a nice day.

Answer 2

Proof is what you'd need. If he truly is your brother then he is a rightful heir regardless if he never knew him. He isn't to blame for your father's mistakes in life. If he's a son he is a rightful heir and your lawyer is an unethical man who is unfit to call himself a lawyer. You must decide in your heart what the right thing to do is if this guy is your brother. Look at it as if you were him and he were you. How would you feel not being able to have your portion of your father's inheritance?

Answer 3

what state did your dad live in and did he have a will