Struggling through my Trustee brother causing as much grief as possible after our mother's death two weeks ago. The day after her death, he convinced me to let him sell our mom's house, though there is a provision in her will allowing me to live in it after her death. We were supposed to meet with the attorney the day after her funeral, but I found out before the meeting that my brother had brought the attorney to our mom's house when my family was on vacation two weeks ago and tried to get Mom to remove me from her will. So I told him I wasn't going to the meeting and was getting a lawyer, which sent him through the ceiling as he is desperate to sell the house.

The day after my mom died he said I could take anything in the house that I wanted. Now he has changed the locks, and his attorney told me that if I take anything from the house I am stealing and will be charged with theft. My daughter is living there and he tried to throw her out.

We called the police and the police told him she could stay until a court order said she can't. Despite the police saying this, my brother is still trying to force her to move out.

He also said my daughter could have my mom's car and now says she can't and it has to be sold, along with everything else. My mom specified that her material assets were to be divided between my brother and me, and he said he wanted nothing. Can he change his mind now just to spite me? I do have a lawyer but God only knows when he will call me back. I thought someone else on here might know.

Oh and....people suck.

Dear ChiGirl -
I am so sorry for your loss, and that you are going through this on top of it all!
I know circumstances differ, but I will tell you what happened with a family member.
He died, suddenly(rather young, early 50s) with no will(intestate). No wife or children, parents predeceased him. So according to the law of secession his siblings were his heirs.
Some of his stuff was considered valuable, and had a value placed on them. And any of the heirs that wanted those items had to trade part of their inheritance to get them. The rest was given away/tossed/put on the curb/sold at a yard sale or something like that.
It took three years for the whole thing to be settled/finished.

All I can say is what a mess.

So. Maybe your brother spouted off things like... take whatever you want, and after actually talking to the attorney, realized that he spoke in haste and had to back pedal? I bet he wants to get things wrapped up quickly, and now realizes he will be working on this for a long time. Nothing simple about it! Lol.
I hope you can get some answers from your lawyer soon. I know, it is so hard to be patient when your brother is acting like an idiot! Totally not your fault!
I really hope this helps.
Helpful Answer (1)
Reply to sparkles87
ChiGirl68 Aug 30, 2018
If there is a living trust, you don’t have to go to probate. That is the whole point of a trust-it avoids probate. These are really questions to ask your lawyer because if the will/trust doesn’t specifically who gets what, and your brother is trustee, he’s the one who distributes her possessions so you would need to ask the lawyer how that works.
Helpful Answer (1)
Reply to worriedinCali

Is this just venting? The last post you made said you had a lawyer and your situation is pretty much the same. Sorry, but you need to ask your lawyer these questions. If there is a will and trust , ur brother has to probate the will before anything can be sold. Your lawyer needs to make sure brother is doing everything within probate law. Thats what you hired him for to protect your interests.

Vent all you want, but tell us that is what your doing. And please, keep us updated on how things go. You may help someone in the same position.
Put venting or update in your header.
Helpful Answer (3)
Reply to JoAnn29
ChiGirl68 Aug 29, 2018
Sorry. Yes I have a lawyer, but waiting for answers from him is making me crazy. I'm so afraid my brother is going to sell my mom's heirlooms just to spite me.
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