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My Mom passed away. My brother is not in the Will. He's stopping me from probating the Will and is demanding from me full financial disclosure. We have a court date of Dec 15. I do not want to disclosure anything to him. He has been gone for 30 years. What are my chances in court? I am distraught over this. Does anyone have first hand experience?

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If your so far down the road your going to court, your Attorney can tell you better abuot perpencity for success.

Why is he demanding full disclosure?? The WILL is the WILL either he is in it and is getting something or he is not.

At this point you need to be getting guidance from your Attorney. Discussing this in a public internet forum is not the right thing todo and could cause you problems. Is your brother on this forum?? Is a freiend of his etc, etc,
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Reply to lacyisland
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So, you just need to prove that Mom was not competent to change her will. If you win, you can go on to probate where there will be an accting of her estate. If he contests the accting, then you may have tp prove how Moms money was spent in the 4 yrs u cared for hervas her POA. For me, Moms bank statements were a good source. It showed money coming in and going out. My bank has small photo copies of checks written with the statements so anyone could see what the amounts were for. Her pension check was $200 that I cashed and used for her spending money. I kept receipts for everything I spent it on. I would have had no problem proving to anyone where the money went.

Good Luck. I hope they are made to realize that ur brother created a fraud.
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Sashc, if I understand correctly, there are 2 wills:  one which your brother apparently instituted by taking your mother to an attorney after she was declared incompetent, and the one which will be probated?   Was the one being probated before or after the other?   Does the brother's "assisted" will have a provision that that will supercedes any and all other wills?  If so, there is a conflict as to which will would prevail, and court action may be necessary to rule on the "nondementia" will.

Or do you mean that "his own will" is in fact your brother's will, and he took your mother along, for whatever reasons??


This is a question for the attorney:  is there an in terroram clause in the will being probated?   It doesn't sound as if there is if your brother is awarded nothing.   It's a clause that provides for something nominal like $1.00 to someone, with the provision that any contest by that person vitiates any right the individual might have to contest the will.   (Vitiate means negates.)

You don't mention who the Personal Representative (f/k/a Executrix or Executor) is.   I assume that's you?
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Sascha18 Nov 21, 2020
Yes you are correct, its a Will that he had done after Mom was unable to make her own decisions and after her Will was done which was before dementia became severe. I am the executor and was DPOA. There was a small provision for my brother in her Will. So thats a good thing I guess.
I went to probate her Will and he placed a "stop order" on it and is trying to present his Will to the court.
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Sascha....good to know you have a lawyer. You dont have to disclose anything to your brother, especially if he isnt mentioned in the will or a small token is mentioned or reason why he is not listed. Let the court sort it out, and most definitely ask that he pay your attorney fees if he pursues this... you should have your meticulous records of everything youve done for your mother. Im sorry for your loss. Its very painful, then to have a sibling do something like this just makes it worse. Because then we usually realize theyre only doing it for financial reasons. Blessings to you. Liz
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Reply to cherokeegrrl54
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Sorry for the loss of your mother. Funny how some family members come out of the woodwork when money is involved and they have time for that. I would not tell him anything. He is out of the Will for a reason. My brother wanted to take me to court when my dad passed, he wanted his inheritance, I was stunned he would resort to that. I was pretty stressed and sad over my dads death and did not need him acting up like that. Relationship was never the same after that. I can't see where he has a case but that is for the court to decide. Thoughts and prayers sent to you during this difficult time. Hope everything works out for you.
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Sascha18 Nov 20, 2020
Thank you so much. I appreciate your response. I am shocked that my brother has become this horrible person accusing me of everything from elder abuse to stealing. I have cared for my Mom with love and devotion for over 4 years. I gave up my career to be her caregiver. Thanks for the encouragement.
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You are not obligated to disclose anything to him. When the will goes to probate it becomes public records and he can review it then.

No person is entitled to any information about a will or estate unless they are beneficiaries. He is tough out of luck.

Probate the will and if you need to, get an injuction of harassment filed so that he has to leave you alone.

I am sorry for your loss. May God grant you grieving mercies and strength during this difficult time.
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JoAnn29 Nov 21, 2020
Need to read previous posts. Seems like he is being allowed to contest befor Probate has been filed.
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I think you have asked questions before in reference to this problem.

As Alva says, usually there is written in the Will why a child is not inheriting. Or leave them a $1. The questions you are asking you should be asking your lawyer. Your brother has a right to contest doesn't mean he will win. I would get Moms financials together. This would include any debts.

Sorry, we are just lay people and should not be giving out legal info. Every State is different when it comes to who inherits.

Please do come back and tell us how this all works out.
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rovana Nov 20, 2020
This question is related to topic but does not involve the OP's post. If an executor refuses to show you the will's contents, how can you know whether they are telling the truth when they say what its provisions are? And some wills are arranged so that probate is avoided. What do you do then? What independent verification process is available?
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He can contest the will. Usually in the case of a sibling being cut out of a will there is language in the will specifically stating that, or leaving a small amount to show that you are well aware of the existence of this person and that you are leaving what you choose to leave. Their best chance of contesting a will is when there is no mention of the sibling. They can force you to spend money on the lawyer, but be certain your OWN lawyer in court says that he/she is filing motions that the sibling bringing action of a legitimate will will pay his OWN and your fees. Not to say you could ever collect it, but it could be mandated. Sorry you are going through this. See an Trust and Estate Lawyer now. Your Mom's estate will pay for this. I am assuming you were POA and now are the Executor. I assume also that your record keeping was meticulous. The Court can ask for it; your brother cannot. So wait and see what the court says. So sorry you are going through this while mourning the loss of someone who clearly cared so much for you.
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Sascha18 Nov 20, 2020
Thanks so much. I have a lawyer. I will make sure that he asks for my brother to my lawyer fees. Hopefully that will deter him a bit.
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Was her will prepared by an attorney in the state she lived in?   Was she competent?   If yes, they will likely say no to him
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Sascha18 Nov 20, 2020
He took her to get his own Will written after she was deemed incompetent.
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