Halfmoon, NY Estate Planning Law Firms & Lawyers

I am assuming that you are in Oregon and that Oregon law applies. Your brother may be absolutely correct and to the extent that he retained any of your parents funds, he may have earned it many times over; but, he should be able to show you his records and an accounting for the money and property. He should not have thrown them away and there are legal requirements that must be followed to keep funds from a parent's estate. There are several ways to approach this; however, most likely the most efficient would be to start a probate for your mother's estate. If you are appointed the personal representative, you will have the authority to obtain the bank records and compel your brother to explain what he did. It will take money to fund the probate estate and a fair amount of time and energy. You probably should evaluate your basis for thinking that there is money left and quantify it to decide if it is worth it to pursue.

Nothing can make you sign any document with respect to the the house. Depending on the terms of your mother's will, however, you may end up owning that house with your brother in some fashion. If your mother had no will, then the house likely passes to you and your brother, with the same result. You thus may need to resolve this with your brother in some fashion. The only this may not happen is if your mother's will says that either you or your brother do not receive an interest in the house in question.

You can speak with the agency that is providing services to your son for guidance. If you get no assistance that way you should consult with an attorney in your area that handles Medicaid applications. Look for attorneys that handle Estate Planning and Elder Care issues.