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