Ask Me Help Desk - Estate of deceased

My father passed away recently and my younger brother was using his credit cards. In a twist of irony, my oldest brother and I were left out of the will. We found prescription bottles of my fathers Hydrocodone under my brother's bed and another prescription mailing label stashed away in his (my brothers closet). We filed a police report for theft, the police will not pursuit. They suggest I should "talk to my brother". Also, in 2009, my father's house was broken into and nothing but his meds were stolen. My now 43 year old brother lived there at that time as well. Even thought the sheriff says they have no doubt he was involved in 2009, they won't pursue the stolen pill bottles nor the credit card fraud. They said because my brother bought clothes for the funeral with the credit cards (42 years old lives at home with Daddy), the prosecutor wouldn't pursue. What a world we live in. Oh yeah, the police report was filed before the will was executed, so we didn't know who would be the sole beneficiary. Since then, this brother has cut off both me and my oldest brother from Facebook, etc... You can apparently steal things to a certain extent and get away with them if it has a sentimental value ?

I'm not sure what your question is.

If you and your older brother are not involved in your father's estate, why are you calling the police and wanting theft charges against your brother for the break- in that happened going on 5 years ago, for the pills, and more recently, for credit card fraud. I don't understand why this affects you, as you were not part of the estate, and don't have to face any liability or loss, for what your brother has apparently done.

If your brother has decided to block you from his life, and your father decided to leave you and your other brother out of the estate, I think that there must be more to the story than this.

If there are very personal things, of sentimental value, that he is refusing to give you both, and he has the authority to do so, I don't see what you can do about it.

Since your post seems to be more related to legal matters than relationship I have moved your thread to Family Law.

For legal advice appropriate to your case, we do need to know the state/country that has jurisdiction.

It would be very helpful if you would clarify your question(s) and explain the timeline a bit better.

We need a general locale where your father live because laws vary by area. That being said, I don't know either what your actual question is.

You did give a good amount of information to use in answering your question but since I'm not entirely sure what the question is I'll just give an answer that may or may not help.

Your father had a will drawn up before he passed. That will dictated how his assets were to be distributed after all debts were paid. A person (in the U.S. and many other places) does not have to leave something to each one of their children. They don't have to leave anything to their children at all. Your father left everything left to your brother. As an adult, your brother does not have to have contact with you through Facebook or any other means if he does not want to.

As for the police reports, you said they were filed before you knew that you were not getting anything so I would just let that go because your brother did you no harm. Is there something in particular that you were wanting because of sentimental value? If so, you would have to talk to your brother being that everything was left to him. I realize that him not wanting to talk to you makes that more difficult but you can always leave a voice mail letting him know you would like to meet for lunch one day and see if he calls back.

What did he allegedly steal? Was it from you or the estate that you have no part of? Sorry you and your brother got cut out of a will but life is life. Sentimental values don't enter a will unless the executor grants it. Why are you and your brother so estranged?

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Oh yeah, the police report was filed before the will was executed, so we didn't know who would be the sole beneficiary.

I don't understand this. The will says who is the devisee ("beneficiary"). What does the police report, or the time it was filed, have to do with anything?

If you think your father was coerced to exclude you from the will, hire a good attorney and contest the will. Otherwise, your brother basically stole from the estate of which he solely inherits, so he stole from himself and I'd let him run through it and hit bottom, sorry to say.