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1. Funeral home needs to deal with this clown on their own, this is not directly your problem to solve. This won't be the first time someone has made their work difficult. So write that off as your burden.
2. Is there a lawyer helping you with the will/trust? If so, tell brother that forthwith all communications are to go through said lawyer, and you're blocking him on your phone. And then block him.
For cripes sakes, you don't need this right now, of all times! And there are things you can do to alleviate. Good luck!
As to the will (you mention a will and a trust?) I agree that you should continue with your work on it without his help. I will tell you that I recently settled the estate of my brother as his Trustee, and I did hire a lawyer, whom I needed to use very little, but when I did she was an absolutely godsend. Without her I would not even have an EIN today with the backlogs at IRS. She was wonderful and she only used a few hours, so well worth it. She wrote my letters to any party with an interest in the trust; she made certain all i's dotted and all t's crossed. I came to just love her. I recommend a lawyer if there is any money at all. If the money is now essentially gone, I STILL recommend it, just to close this all out and satisfy the brother.
My sympathies on your loss and I hope you find the great peace that I have found in my own case.
Good or bad, he has held controll all this time. Its going to be hard for him to give it up. Sort of between a rock and a hard place here. POA stops at death, Executor doesn't take over until the Will is probated. I would just ignore him and tell the funeral director the same thing. With COVID, are you going to be able to have a full funeral? Maybe just placate him. Same with funeral director. Just say yes and do what you want.
I would recommend that you start Probate as soon as ur state allows it. Mine I think its 9 to 10 days after the death. This will at least establish that you are Executor. Probate will need the original Will to file it. Then its public record. You will get a copy. You can then give brother a copy if he is a beneficary if not, he is an interested party. At this point brother will just need to wait for an accounting. Debts will need to be paid. As Executor you are entitled to a % of Moms estate. My state its 4% and goes down as the worth of the estate goes up. I don't think you can close Probate till a certain amount of months go by, my state 8. This gives debtors time to put claims in. I had a lawyer in the final steps of Probate. He did the accounting. May want to do this since brother is such a pain. Brother will not get his inheritance until he signs off on the accounting.
So sorry about your Mom. I know the whole situation with her and your brother have been heartbreaking. Now its do what needs to be done. Close out her life, he gets his share and then you can walk away and have nothing more to do with him. And make him aware, your done and he is not to contact you in any way. He is now on his own. And stand by that decision. Never give in because you'll just get sucked back in to his drama.
Each evening I turn my phone off so that I do not have to put up with his texts. I have saved everything as I have been advised by Public Trustee and the Funeral Home.
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