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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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You might want to speak with the attorney who drew the Will up. If s/he suspects the elderly client was under duress, then they'll want to meet with your Mom alone to see if the will needs to be revoked.

Then there's the sneaky side of me that says you should take your Mom to another attorney behind your brother's back & draw up another will. Any reputable attorney who works with the elderly will ensure your Mom is "speaking" her own heart without influence from anyone - usually interviewing them alone.

The last will signed stands. Your brother won't need to know until Mama is safely out of his way.
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Jeannegibbs - I believe you're correct on that one. When I discussed changes to my mother's will with an attorney, she actually came right to the house and discussed it with my mother and me - and whenever Mom looked at me for answers to the questions the attorney was asking, she would say, "Don't look at your daughter - I need YOU to answer!"
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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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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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Are there only two heirs? Half would be appropriate. If you suspect undue influence, report the crime to APS.
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You suspect your brother went alone to an attorney, had a new will drawn up, left with the unsigned version and had it signed by your mother, wherever she is, exercising undue influence? Did he bring witnesses and a notary as well?

Where is your mother living? Your profile doesn't state that. That's a major issue b/c if she's capable of traveling to an attorney's office, there's no justification for him having anything signed outside of the attorney's office.

Contact the attorney who drafted the second will; wills are typically printed out on pleading paper with law firm names on the side, so you'll know who drafted it. Find out why your mother wasn't brought to the signing meeting.
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I'm confused. By "went alone" do you mean your brother took your mother and not you? Or that he didn't take your mother? I didn't know it was possible to have a lawyer draw up a will for someone else, without that someone's participation. Can you clarify this?
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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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Have you actually seen the new will?
Do you positively know that what mom described is accurate?
Could mom have cognitive issues?

I ask because you said that "brother went alone to a lawyer...". Wills to be entered as valid in probate usually need to be witnessed (usually 2 & unrelated to the person) with your moms signature done at the time and with notary seal. The atty will speak with mom alone in their office too to ensure this is what she wants to do and understands her action. An atty isn't going to draw up a will and give it to your brother to have mom sign on her own later on.

If it was done in a different way, like bro got mom to sign a paper with him standing over her in the kitchen, it can be contested. So does it exist & just how is it drawn up?

If it is as yiu descrived, There is nothing to keep you as a heir to get your own probate atty who does litigation to challenge the validity of the new will that brother has. The judge or their staff do review documents submitted to ensure legality. You submit the old will. Judge appoints an administrator to deal with and work out the estate. You can request an in chambers hearings as well. Brother can do the same. Doing litigation in probate will have costs.

So just what is the situation?
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If you believe this to be true, call the elder abuse hotline in your area. They will investigate.
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