Rights of a beneficiary

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Rights of a beneficiary

I am a sibling of 7. I have s brother saying he is full beneficiary of his mother’s home. He has never provided any proof after repeatedly being asked. I have lived in my mother’s home for the past 2 years and now is being told that it is sold. She died 15 months ago. What rights do I have, if any.

Asked on June 4, 2019 under Estate Planning, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If there is a will--a properly signed, witnessed, etc. will--from your mother leaving it all to him, then--and only then--is he right: a parent does not have to be fair, and can leave everything to one child. But if not, if there is a will but it doesn't leave it all to him, then he only gets whatever share the will left him, and the other beneficiaries would get their shares. And if there was no will, then if she was not married when she passed away, your mother's children (the 7 of you) all share in her home and anything else she left behind equally.
If he had a will leaving it all to him, he would have had to probate it: you can check on whether this happened at the county probate court. If he did not have or probate such a will, you (and your other siblings) can sue him for your share. Such a suit would be complex for a nonlawyer--you want to hire an attorney to help you. You and some or all of the other 6 may wish to jointly hire an attorney, to split/share the cost.


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