No will

[onlydaughter]

There was no will for the property owned by my parents. My brother has purchased a piece of the property adjoining the homw place from them. Both parents have passed w/ no will to the remaining acreage and home, but Mother requested it be kept for both my brother and myself by him when she was placed in a nursing home near me. She had previously signed it to him when Dad was 1st placed in a home years before her. We do not know how the paperwork was worded. My health is now in jeapordy and I have asked for my brothers help but he refuses to sell timber or land from our parents property to help me. Is there any thing I can do legally that will warrant me 1/2 of their estate since there was no will ? We are the only 2 heirs. I do not have money for an attorney but will pay out of settlement if I am entitled.

 

[Michael Wechsler]

There was no will for the property owned by my parents. My brother has purchased a piece of the property adjoining the homw place from them. Both parents have passed w/ no will to the remaining acreage and home, but Mother requested it be kept for both my brother and myself by him when she was placed in a nursing home near me. She had previously signed it to him when Dad was 1st placed in a home years before her. We do not know how the paperwork was worded. My health is now in jeapordy and I have asked for my brothers help but he refuses to sell timber or land from our parents property to help me. Is there any thing I can do legally that will warrant me 1/2 of their estate since there was no will ? We are the only 2 heirs. I do not have money for an attorney but will pay out of settlement if I am entitled.

I don't know the state and am not a trusts and estates lawyer but do have some general knowledge in this area. It would seem that both of you may own this property "jointly" meaning together. You could remove timber if you wanted to and your brother cannot stop you. Both of you have the right to do so. You may as well tell him that you would not like your potentially last days to be spent fighting your brother over something that is common sense and textbook law. I can't say for sure that my guess is correct but it may be enough to jog him to his sense!

Good luck with this issue and, most importantly, your health.