Can my step-brother take me to court for items in his mother's estate?

2 answers | Last updated: Sep 21, 2016
Michelle1318 asked...

My step mother passed away 2005 and my dad just passed away 2011 I was over the estate and had to do everything by myself cause my step brother and my real brother were to busy to help sort thru things at the time but now my step brother is complaining about his mother belongings like nick naks,clothes,jewlery ect.saying he is gonna take me to court for everything I own is this able to be done?

Expert Answers

Anyone can take anyone to court, including over an inheritance, in the sense that anyone can file a lawsuit against another person. But merely filing a lawsuit has no relationship to whether that lawsuit has any merit..

To file a lawsuit against you, your step-brother would have to hire a lawyer, an expensive undertaking. Next, your step-brother would have to show you did something legally wrong concerning his mother's property. Then there is the question of what that property was worth, even if you had done something wrong. My sense is that the property was not worth a lot of money. f I am correct, your step-brother could not possibly take you for "everything you own."

Your situation is not clear to me regarding what happened legally when your step-mother died, and also when your father died. Did your step-mother leave a will? If so, do that will say what was to happen to her property? If she did not leave a will, did her property simply get merged with your father's? And when your father died, did he leave a will? If so, what did it say?

Beyond the legalities, what is really gong on here? What did happen to your step-mother's nick naks, etc? Why didn't your step-brother ask for them when his mother died? To me, there seems to be a family problem here that cannot be resolved by going to court. Court proceedings would be a waste to all concerned, starting with your step-brother.

Community Answers

Michelle1318 answered...

Thank You Mr Clifford... Its funny you hit the nail right on the head me and my brothers have never been close because of the drug habits and the things they have done to my father as far as stealing things that did not belong to them threw the years.But to answer your question yes they did have wills and when his mother died all stuff when to my dad,then when he passed in March of this year I was over the estate and had to handle things.In the will it stated the assets are to be divided between the three of us.The thing I had the problem with is I think if he was so worried about her belongings he should have spoken to my dad when she died in 2005 cause who is to say what my dad might have did with all of those things that he thinks where hers from 2005-2011 when he passed.Thanks again Mr Clifford for all your help its sad that things like this have to happen when people pass.Trust me I would have never signed up for this type of thing cause it is not nice at all.Wish my dad would have asked me before appointing me to do such a