What would happen if the mother dies without a Will and the oldest child is in another state? 3 Answers as of May 11, 2015

My mother lived in Michigan, she was preparing to come to California to live with me. I am the oldest of three. I had promised years ago that when the time came she would not have to live with my brother the youngest. She did wind up there for the last few months and hated it. He my sister in law and my sister knew she wanted to come here and knew I was preparing a place for and was going to go get her within the month. Then I get a call she's in the hospital I went there and was there when she passed I was the only one there. She couldn't speak and I had to figure out on my own what hospital she was at. Now my brother has self-appointed himself as the keeper and distributor of all her belongings. I stayed for a week, paid the bigger part of her final needs, I couldn't afford to stay indefinitely. There are only a couple items that she has told me for years would be mine but he wouldn't take me where they are stored nor go thru them while I was there. She had a car that I was going to drive back to calif when she came. He wouldn't give me any information, I only know the year and make. He says she has a life insurance policy but gave me no info on that only that it was $3000. Over the past two years I was the only one helping to support her, having given her $3-4000. I know she would want the car sold and divided amongst us equally after at least part of what I loaned her was paid back. My brother drinks ALOT as does my sister who has been in and out of jail and hospitals because of it. She was the one that was supposed to taking care of our mother and didn't even recognize that mother had had several small strokes, it was too late when they did. That car will be wrecked or impounded if I don't force them somehow to sell or make sure they don't just take over ownership before I can do anything. I have the death certificate but I’m 2200 miles away and don't know just how to proceed.

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James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
This is a difficult question question because it'll probably cost more to get an attorney to represent you than you will recover. however that is what you need because if your brother doesn't have authority to do that without applying to the probate court.
Answer Applies to: Michigan
Replied: 5/11/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
Care providing has nothing to do with it. Estate should be shared equally.
Answer Applies to: California
Replied: 5/8/2015
James Law Group
James Law Group | Christine James
Contact a lawyer in Michigan. None of the family drama matters if she did not have a will - Michigan law will control.
Answer Applies to: California
Replied: 5/8/2015
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