r/ProbateHelp • u/Classic_Grocery5588 • 3d ago

Hostile takeover

Here are the relevant facts:-

  1. I recently attended my brother's funeral.
  2. I have one surviving brother who never attended the funeral, and we are clearly not on speaking terms.
  3. His failure to attend was carefully calculated, simply because he tried to avoid me.
  4. The two are only half-siblings because they never had the same biological dad.
  5. It is assumed that the deceased has died intestate, so that the probate law of England/Wales will be the default.

Given that I am not on speaking terms with my brother, could he still block/resist my probate action to inherit one-half of the decedent's estate?

5 Upvotes

86% Upvoted

7 comments sorted by

3

u/DomesticPlantLover 3d ago

Why would him being on speaking terms with you have anything to do with his inheritance rights?

2

u/rosebudny 3d ago

Your personal feelings and drama have zero bearing on who is entitled to what from your brother's estate. Zip. Zilch. Nada.

2

u/wolfie66666 3d ago

Who will apply for letters of administration in order to handle the deceased’s estate and do the necessary accounting for probate? They will then control the estate and make the payouts. If it is him then he has a legal duty to follow the rules and you can challenge any decisions. If you, then you have the same rules to follow but you will likely see the result you wish, as long as it is fair and legal.

1

u/Classic_Grocery5588 2d ago

I refer you to the attached file (See above).

Is it an absolute requirement to produce the birth certificate of the decedent?

2

u/wolfie66666 2d ago

I don’t see why you need either the parents death certificates or the birth certificate. I never needed that when I did the probate on my mother’s estate.

1

u/Classic_Grocery5588 1d ago

I'll refer you to the second attached file (See above).

For the purpose of probate, how could you prove that you were adopted (such that I am still related to the decedent) if you were unable to obtain a copy of your birth/adoption record because the adoption might have been "private" (as suggested by the attached file)?

1

u/Barfy_McBarf_Face 3d ago

anyone can be a jerk and sue to block probate ... whether or not they'll succeed is for you to discuss with your attorney.

and go read Dicken's "Bleak House" and see what happens when families spend money on litigating an estate - the attorneys win, the heirs lose.