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The property is granted to me at mom's death. I suspect ill intentions because he keeps asking for her social number every time he gets a chance. I have word that he's likely to contest so I haven't been very friendly with my mom's credentials or allowing him access inside house with mom belongings since she's past. Ill stand by moms wishes only if he plays fair too. It doesn't look like he is going to. What should I do ?

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Start by researching legal aid.

Find someone able to look at your paperwork (will, deed etc)& explain the legal stuff to you.

If you are on speaking terms with your brother, go together. If not, go alone.
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If the property is a transfer on death filed deed then, no. He cannot take the property.

If mom is indeed gone, which it's hard to be certain based on your question, then you need to take a certified copy of her death certificate to the county recorder and ensure the transfer happens.

I am sorry for your loss. May The Lord give you grieving mercies, strength and wisdom during this difficult time.
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You say your Mom has died.
Did she leave a will? Or is your name on the deed of the home? Are you the executor of the will?
Things in the estate now are managed by the executor of the will or the Trustee of the Trust.
Your brother does not get access to a home by living in it, no.
Your brother having the social security number of your dead mother will do him no good whatsoever. Her Social Security number was already reported as her being deceased.
You, if you are the executor do as the will states should be done.
If you are not the executor you await the executor's dispersal of the estate.
I am not clear what otherwise you are asking.
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MsAtin16 avatar
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MsAtin16 May 2022
I have no intentions of doing nothing other than of my moms wishes. I have been the care giver and appointed DPOA. He opens my mom's bank statements and utilities. Without question he prosecutes me as a thief and a liar. so on so on. And has created a stage for his drama. I tried to speak with him about him living inside the house but he would need to pay bills. He refused that and said he'll stay in the back shed and pay half the bills like I offered when mom was alive. He's not listening to any reason of mine. I've been told he is likely to contest me being grantee on TOD. I'm not sure if he can or not. My delemma is the fact the I'm trying to be fair and realistic and he is likely to create more chaos if I let him stay as part of being fair. Every chance he gets I've been asked for mom ssn. There's nothing he can to with it except get into my mom's utility accounts. I have an account with USPS that shows when my mom's mail is delivered
My brother has kept bank statements and utilities bills from me that has caused deliquency in payment.
So you see if I do the right thing it's liable to bite me this time. He claims he has changed but I don't see that change towards me. What I fear is he is setting me up to take from me on his belief that I've taken from him. He's been staying on the property against my mom's wishes and thinks he had the right. Idk what he could have up his sleeve
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Call an attorney!

This stuff gets messy and will need to be sorted out in the courts if siblings don't come to an agreement and in most cases they never do.
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I am confused. Has your mother died? Has the executor closed probate and has the title to the house been re-titled in your name? Is he currently living in the house? Are you living nearby this house? Is it standing empty? Have you changed the locks? Actually, the executor should have done that but if not change them yourself. Depending on the law where the house is located, a person can gain rights by staying on a property for a certain length of time. This means that if he is living in the house now you need to have him removed for trespassing. Call the sheriff's department. If your mother is still alive, owns the house outright, and has a will in which she has named you as the beneficiary of the house, that is another kettle of fish.
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