My brother went alone to a lawyer and got a new Will drawn up. What should I do?

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I suspect he used improper influence and potential threats to make my 87 yr old Mother sign the new will to make him executor and give himself half of the estate. This was done behind my back without me knowing anything. Recently my Mother came to me and said that she had made a terrible mistake and that she wanted to change the will back to the way she and my father originally had it. She apparently told my brother that she wants to change the will back and due to more improper influence and threats from him she is now afraid and intimidated not to follow through with her true wishes. I feel that this is illegal and possibly criminal on the part of my brother. What should I do to make sure that my mother is free to make out a will without undue influence and threats ?

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nitrosally- tough field to re-enter at that age, so many 20somethings in that line of work. My brother retired at 58 after 20+ years at Intel- he was one of those guys that thinks stuff up - a genuine computer/math genius but he wasn't good at company politics and couldn't deal with it anymore. Now he tries to do some freelance work. Maybe you could stick your toe in the water and do some local advertising for computer work. I know my mom had a guy for years that would help her with her computer- both new programs and fixing it when she messed it up so bad it would freeze on her or give her the "blue screen of death". He charged $25 an hour/3 hour minimum.
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Rainmom, That's exactly my plan as of now. And as freqflyer mentioned I'm not bringing up the subject until my brother leaves. Only then will I ask Mother
(if she doesn't bring it up first) if she still wants an appointment with her Lawyer.

Rainmom I will be 56 in August. I was a Software/Systems Developer for 25+ yrs. I honestly don't know if I would be able to find work.
Also, my mental and physical health is declining. I believe stress has taken me!
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nitrosally- unfortunately one sees it here time and again - parents that couldn't/wouldn't put money aside for retirement, and caregiver children that go through all their own money in order to be caregivers. In the end the children end up mentally and physically drained, broke and homeless. If you can't afford a new attorney, I think your only chance would be if the attorney who made the recent will were to admit an error in drawing up this new will and offers to put things back - without charging you. Honestly, I can't see that happening - admitting he shouldn't have made the new will would put the attorney in a liabilious position. Since it may be your only option it probably wouldn't hurt to speak with this attorney and give it a shot, however. In the mean time you've got to be making some sort of plan for your future - based on half your bequeathed. I didn't see your age - will you be able to find employment after your mother passes?
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freqfly, Rainmom; My Mother doesn’t have very much money (in savings) & her monthly cash is less than $200.00 after insurance,etc. So she can’t afford to pay me. I’ve depleted my savings to just get by. I’m taking early withdrawal (10% penalty) from my IRA to meet guidelines of Obama Care to have health insurance. There wasn’t much in my IRA so it’s dwindling quick. I do not own a home. I’ve basically used all my money to take care of my parents and I worked very hard for many years. I certainly can’t afford an Attorney.

My brother was the one who told me that everything was willed to me, back in 2004. He’s single no children. He has full retirement from Phillip Morris USA , owns a home and a lot of land. He hasn’t done the first thing to care for our Mother or Father. But, for many years claimed them as dependents when filing his Income Tax. He’s turned my Father’s garage into a body shop and brings in ridiculous junk piled everywhere. He has the door blocked where my Mother’s car is. So I have to take her to Dr appointments, ER, etc. in my SUV. Where it would be easier for her in her car.

I’m on the fence about going alone to Mother’s Attorney and/or an Eldery Law Attorney. Then I realize that I’m probably better off to stay away for now or am I?

This situation is causing me to break down, Let alone the fact that I’m the only one to care for my Mother. I feel like I need help but, don’t know which way to turn.

I greatly appreciate all of the advice
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when my mother re drew her will a few years ago i accompanied her and even offered to leave the room while her and the atty discussed it . the atty suggested i stay in the room . i think he wanted to check out my character .
your local attorney ( for better or worse ) is one career advancement away from being a county judge .
they arent easily hornswaggled . the law is their business ..
my mother NEEDED to redo her will . she thought her modular home was worth a lot and had it drawn up so that her remaining funds would have prepped a value less home for a stagnant market .
i think common sense prevailed in the end , thanks to a decent family attorney ..
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If mom is still mentally competent, take her to an elderly attorney and set up a caregiver contract paying you for your services. Perhaps the pay could be on the generous side to help compensate you for the past years of unpaid service. Leave the new will standing and split with your brother what is left - if anything. Brother will have no real grounds to challenge a caregiver contract as long as you are indeed your mothers full time caregiver. This will end the back and forth-ing of news wills, court challenges at the time of your mothers death and - all the accompanying attorney fees. At the rate you and your brother are going with the will, the only "winner" will be the attorneys.
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nitrosally, once the dust settles from this most recent discussion regarding the Will.... then take Mom to see an Elder Law Attorney and if Mom is still of clear enough mind, have your Mom change the Will to her liking.

The only problem would be if Mom tells your brother what she did... then it will be like a revolving door back and forth to the attorney. The main thing is not to make Mom feel like she is in a tug of war.

From your updated profile, I see you quit work about 10 years to care for your parents. That is a lost financially for you, so I can understand your Mom wanting you to get more than your brother. In the mean time, would your Mom be able to pay you for your caregiving? That would help give you funds for your own retirement, but you would need to draw up an employment contract stating the number of hours worked, the duties involved, the hourly rate, and payroll taxes.

Down the road, depending on your Mom's finances, if said money runs low then Medicaid could step in to help with paying for care.... but the downside would be that Medicaid could place a lien on Mom's house to help pay for that care.
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Thank you all for the replies. I updated my profile and hope that will help answer any questions about me.

The only Will(s) that I have knowledge of is (Mothers & Fathers) dated August 16, 2004. Each Will name’s the living spouse (survivor) then names me as Executrix and everything is Willed to me. Also a section stating that the 2 sons
are not being devised and bequeathed, not as a result of feelings of unkindness, but as a result of circumstances that have been discussed with them.

I know for a fact that my brother went alone to the Lawyer and had a new Will drawn up in late February or early March 2011 shortly after my other brother
passed away. I heard him tell my Mother that “HE” was going to the lawyer to have the Will changed. At that time right then, I confronted him as to what “HE”
was doing and it was not “HIS” Will to begin with. My Mother said nothing, like she was afraid to. “He” says I was never suppose to be Willed everything, that the Will was made up in case authorities held my parents liable for some debt that my deceased brother may have. As my deceased brother was an alcoholic, had been in trouble and incarcerated a lot.

So from that time on, I would ask my Mother if she had ever went to the lawyer and changed her Will, she always said “NO” and she wanted to leave everything as her and my father intended. Then on Wednesday April 20, 2016 she came to me and said that she had made a terrible mistake, she had changed the Will to divide everything between me and my brother and she wanted to go to the lawyers office to change it back as her and Dad had it. My friend was there and witnessed her comments. Later that evening she was talking to my brother on the phone and I ask to speak to him. I ask him if the Will had been changed and he hung up on me. Then late the very next evening he showed up at my Mother’s. He is still here at my Mothers house. Now when I ask her about what she told me, she say’s she don’t want to talk about it right now. I suspect that my brother is once again threatening her.

My Mother’s attorney is a distant relative ( her 2nd cousin). He is not close to our immediate family. The reason that I have not (on my own) been to see him yet is I believe IF a new Will was made, that he (Mother’s attorney) was lied to and assured (by my brother) that I knew about it and was in agreement.

Your help is greatly appreciated.
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My mother changed her will twice after my father passed. Both times I drove her and was in the room as the purpose of the visit was stated. Once that was done the lawyer had me sit in the waiting room while the changes were discussed, then written into a new will. I did not see the new will(s) until they were fait accompli - signed, witnessed and notorized. At the end of the meeting I was given the original for safe keeping - I assume because I had been named executor. No ethical lawyer is going to draft a will without the principal present - it is unlikely any such will would be considered valid in court. Get an attorney and contest the will when the time comes - you could also sue for your attorney fees.
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Sorry, I meant to address my comment to Susan.
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