If my mother passed away without a Will and my younger brother took everything and my 2 older brothers and I with nothing, is this legal?

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If my mother passed away without a Will and my younger brother took everything and my 2 older brothers and I with nothing, is this legal?

Asked on May 22, 2014 under Estate Planning, Illinois

Answers:

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

Answered 7 years ago | Contributor

I am so sorry for your loss.  If your Mother died with out a will that is called dying "intestate" and the intestacy statute of your state will apply.  Generally speaking, siblings take equally under intestacy so no, it was probably not legal. How did he manage to get his hands on the assets of the estate?  Was he the Power of Attorney for your Mother before she passed away?  A POA is not valid after passing. If he had himself appointed as fiduciary after she passed and took everything it would be a breach of duty.  Please seek legal help.  Good luck.


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