Mom passed away yesterday. How do we handle things collectively without discourse?

Its weird that your mom didnt have a will or get her paperwork in order when she knew she was dying.

I'm sorry for your loss.

And sorrier for the fact you have (like so many of us!) a sibling who takes over without really having the power to do so. Ugh.

For the time being, yes, talk to a lawyer. Try to get the other sibs together and be one cohesive unit. It won't be easy, these things never seem to be when everyone has a different 'take' on what should happen.

Try to stay calm and remember that this too shall pass---and hopefully you will have some salvageable relationships when this is all put to bed.

I, too, have a YB who 'runs the show' and I KNOW when mom passes he's going to pull that same stunt. Mom lives with him, and he had the locks changed on their house years and years ago. For a while, about 5 years ago, I had to call ahead to make an appt to see mother, the relationship was so strained. I stayed calm and just rolled with it and he calmed down.

When you have some legal power on your side, you'll see some results. Perhaps brother did the 'new locks' thing to simply make an empty house not be empty--and who knows who has keys? That wasn't a bad idea, and even controlling who can go in and out--also not a bad idea, just seems a little petty if it was done to keep FAMILY out.

I wish you luck and hopefully a peaceful outcome.

1. First, determine if a will has to be filed in your state. Your profile doesn't include the state in which you live, so I can't check that out for you.

2. If a will has to be filed, contact the county clerk's and ask if there is a will filed under your mother's name. If so, ask how to get a copy; it'll cost but will be necessary.

3. If neither provides a copy, one thing to consider is, with each sibling signing, send a certified letter to your oldest brother inquiring (a) under what authority he has locked everyone out, and (b) why he is apparently acting w/o any legal authority, and (c) ask (demand?) a copy of the will be provided and (d) ask why he hasn't complied with statutory authority and filed the will.

4. If in fact there is no will, your mother has died "intestate". How the will and assets will be handled would be governed by intestacy laws of your state. You can do an online search for your state's intestacy laws. You might have to search a few hits to get good information. I've found the best info is from legal sites, either Findlaw or Nolo, or a law firm's site.

I echo Alva's suggestion to ask one of funeral directors about a will, assuming that your brother has also appointed himself for this aspect as well.

If you do contact an attorney, inquire if he/she or the firm handles contested estate matters. Not all attorneys in that practice area will become involved with litigated estates.

It's unfortunate that your brother is behaving in such an inappropriate manner, especially after your mother dies. I'm sorry to learn of her passing, and hope that you find resources here to help you and your siblings work through this sad event.

You go at once to an Elder Law Attorney or Trust and Estate Attorney ; ALL the remaining siblings. Tell the attorney that as far as you know there is no will. Whomever is best able to should be named and go to court to be administrator of the estate.
Then if the brother DOES has a will he will cough that up soon enough.
Ask the funeral place if the brother has made any arrangements and if so, to ask on what authority he did so.
As there is not an occupied house as yet I would, with your siblings, enter this house and go through it when brother is at work. (I am saying I would, not that you SHOULD). I would do that and if someone came I would say my parent died unexpectedly and I was checking for a will or any papers extant.
You don't say how many siblings there are, but you do indicate one is quite nefarious. You are going to have to prevent his becoming administrator of this estate without a will as he surely is now tring to work some pretty bad deals. It is a mess when a parent dies without taking care of these things. I wish you luck. You DO NEED an attorney's guidance. Forums are full of folks who will tell you anything (hee hee, such as breaking locks on a door).
Good luck. Hope you'll update us.
Basically SOMEONE is going to have to speak to this brother who reading further down I now see lived almost next door to your parent. What is the problem that has caused such animosity with the brother? Has he been doing most of the care of the Mom? If so, he surely may have been the POA and may now be the executor of any will. He surely is behaving as though he is.

Perhaps I’m being doggedly positive, but it seems that brother isn’t moving in, he’s just changed the locks. Perhaps he has the will, and he’s the executor.

Changing locks is not that stupid a thing to do. In the last days of life at home, it can be like living in a railway station. People come and go all the time, doors are open, spare keys places are known, and keys can be taken away to cut duplicates. Carers know what’s worth having, their partners make plans.

We had something similar when MIL went into the NH. A visitor who knew all about her talked their way past the desk as a family member, but MIL didn’t recognise him. He asked to look at her diamond ring, took it off her finger and left. We came to the conclusion that it was probably the partner of one of the carers.

Clearly there isn’t much trust here, but perhaps don’t assume the worst. Brother might even be looking forward to replying to the lawyer's letter you've paid for, to say that he's done all the right things.

One thing that might calm things down with your brother, is that it is quite common for people to move into the house after a death leaves it vacant, particularly if their current housing is being a real problem for them. As well as solving their housing problem, it also has the advantage of keeping the property occupied and maintained. He should probably pay rent to the estate, unless he is doing needed cleaning up and maintenance work to a fair value. It is also quite common for elderly people’s housing to deteriorate so that maintenance and yard work really is needed.

The lawyer is needed, and should make it clear that this is temporary, but there may not be a need to get him and his family out immediately. It could make for an easier compromise.

You are all stressed at the moment, and I send you my sympathy for your loss, and my best wishes for things to improve. Yours, Margaret

SadlyYours, I am so sorry for your loss.

May The Lord give you grieving mercies, strength, and wisdom during this difficult time, may HE open the hearts of your family to do the right things and to honor your mom and her memory by not making this more difficult.

So sorry you're going through this nonsense. If your mother had an attorney, see if that person has a signed copy of her will. In my state, the probate court will accept a copy. The will states who the executor is. The executor has a legal duty to maintain property, gather assets, and, of course, distribute the assets. There are many other administrative duties that have time frames. If you can't find a will or your brother is not the executor, consult a probate attorney. A strongly worded letter pointing out the laws he's breaking, including trespassing, may wake him up.

Suggestions, not legal advice.

This instance is why a parent needs to tell at least one child where all the important papers are. My Mom kept hers in the same drawer for as long as I could remember. I did ask, before her Dementia was pronounced, to out everything in a folder in her hutch cabinet so I could find this easier. This included her paperwork for my POA. I have a 2 drawer filing cabinet where all our papers are. I am about to go through it to reorganize to hopefully make things even easier for my Girls.

I'm so sorry for your loss, Sadly.

Did mom have a lawyer you can contact?

A best friend who might know the name of that lawyer?

((((Hugs)))))

I don't think your brother has any right to lock you out. If there is no Will, Mom died intestate. One of her children now needs to go to probate and become an Administrator. This person will have the same responsibilities that an Executor would do. The difference, the State determines how Moms estate is split amoung her children.

After the funeral, I would see a lawyer about brother. He may need a letter sent explaining how probate works. If he contests in any way, it could take years to close Probate.

Someone needs to at least get a short-certificate from Probate to handle any outstanding debts and handle the bank etc. Be aware that insurance policies usually name a beneficiary. This means that the money goes to them and they do not have to use it to pay bills or funeral costs.

My deepest condolences over the loss of your dear mom. I'm glad she's at peace now, and that your job of seeing to her final wishes is now finished. I don't know how you 'handle things collectively without discourse', since your brother doesn't seem to want to do that. Changing the locks and not giving you a key underscores that. You can move on with YOUR life now that you've seen to your mother's wishes; that's all you CAN do.

I just wanted to say that I'm glad this chapter of your life is behind you now b/c I know how hard it's been for you. I admire the strength you've shown in this matter, and I hope that your grandmother comes around to treating you with respect again.

Wishing you all the best.