Legal Question in Wills and Trusts in Indiana

Re: Mentally incompetent sibling

I think the only sure way to control your brother's assets is to create a conservatorship of his estate. That requires his written consent, usually confirmed in open court, or contested hearing with a finding that he is incompetent to conduct his own affairs. Alcoholism and depression are not necessarily considered compelling evidence of incompetence by a probate judge. You might slow him down with something less drastic, like a trust. You need to confer with an attorney with experience in trust and probate laws. It is possible to slow down the administration of the estate, so distribution isn't forthcoming, but that would probably break down after a few months, and your brother would be less cooperative than ever. Maybe a series of small partial distributions would work. I think the best bet is to catch him in a clear state of mind and go over various proposals, and obtain is consent to something. Good luck.