San Augustine, TX Estate Planning Law Firms & Lawyers

Yes, your sibling can make trouble for you over this. If you did not go to probate court you have essentially stolen money from the estate. For an estate of this size you could most likely file a small estate affidavit with the court. You would account for expenses for cleaning and settling the estate, pay your father's bills and split the remainder with your sibling.

No, as what you are suggesting, requires a specific power of attorney, identifying the property, describing the property, assesors parcel number; best to have the person who owns the property grant the property from himself to himself and his brother.

It depends on the signature card of the account. If the account is Joint Tenancy with Rights of Survivorship (JTWROS) or Payable on Death (POD) or Transfer on Death (TOD) or has a beneficiary designation, then a death certificate should suffice. In all other cases, an order from the probate court or letters testamentary / administration would be needed. In most cases, it's just easier to give the bank what they want for their internal bookkeeping purposes (in this case a death certificate) versus trying to explain to their staff why they don't need it.