Legal Question in Wills and Trusts in Pennsylvania

And why are you only bringing this up now? You are wrong. There is a statute of limitations for everything including fraud. And even if no specific statute of limitations applies, the concept of laches can apply too. And even if you are still entitled to relief, have you though this through? What did your father own? How was it titled? Did your father have a surviving spouse? What about debts? If your father had no will and no surviving spouse, then you, your brother and any other biological or adopted children would stand to inherit your father's net estate. However, you do not indicate what your father owned. Did he have probate assets? And did his estate owe anything?

Finally, you indicate your brother "took" everything. How could he do this? If your father had a house or car, those things have deeds and titles. He would not have any authority to put those things in his name. Titles and deeds have to be notarized. Are you suggesting that your brother falsified these documents? That may be a crime if that is the case.

Finally, even assuming that you can prove your father had assets and can trace these as going to your brother, how much time has elapsed? Does your brother stil lhave these assets or the proceeds derived from them? If your brother has the assets it may be possible to get a constructive trust imposed on them. Or he can be directed to turn over any funds to you. But if your brother has hid or used up the money, unless he has assets, a judgment is not going to help get anything back.

I would go and talk to a probate litigation attorney who practices in the county/state where your father lived at the time of his death. If an estate was probated for your father (you do not need a will to probate an estate) then make a copy of the estate file. If no estate was probated, why not? Should one be done now? Answer to that will depend on what your father owned and owed. Make a list of things owned by your father and how they were titled. For example, there would be a record of any land owned by your father in the county where the land was located. Get a copy of any deeds.

When you talk to the probate attorney, you should make a list of all the know heirs and find out what the intestacy laws provide. You will have to find out the time limitations, if any, for the state where your father's estate is located. Some states do put a time limit on things. It may make sense to probate an estate. By doing so you can compel your brother to disgorge any assets belonging to your father's estate. Or you may skip probate and go after your brother in a civil suit. Litigation is very very expensive. Before undertaking this you need to find out if your father's assets make it worthwhile.