What to do if my brother’s pilfered my father’s estate?

My father passed away almost a month ago. There are 5 surviving children and no spouse. He has been estranged for his children for over 30 years now. My 2 brothers flew out to there and went through his house the day after he died; a neighbor let them in. They are not sharing any information of what they found with the rest of the siblings. But I have received a bill for 1/5th of the final cremation expenses. What should be happening right now? How do I find out if there was a will and what assets he may have had?

Asked on July 15, 2012 under Estate Planning, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation.  Any probate proceeding - with a Will or intestate - would be filed in the probate court in the county in which he resided att he time of his death.  You as a potential heir at law should get notice of any proceeding filed so possibly nonthing has been done.  You have the same right to file as your siblings absent a Will naming an executor.  If the estate assets have been "dissipated" by any one the executor can go after those parties.  Get help.  Good luck.

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