My Brothers estate in question?

Question

My Brother passed away. He was 71 and ill for awhile. The at home care givers were two teenage girls one crippled bad and one mildly retarded, and a 50 something neighbor. I had been told Hospice was caring for him. The 50 something woman became the person to write the living will. Everything in her hands. The 50 something woman also wrote up the last will. I am trying to contact my Brothers Attorney but don't know if I am allowed. Today I am told I am not in the will. That would be ok, I don't need his house, car, furniture or large bank accounts and I feel I have a right to know what that will says and if these so called care givers have taken everything by trickery or worse. The two teen age girls had and have the run of his house now that he has passed away. Using his computer to send messages from my dead Brother. That is just plain creepy. They don't belong in his house, but I don't know how to get to see a copy of that will before people take everything. My long talks with my Brother, he told  me this 50 something woman was after him to marry. My Brother said that was so she could get her hands on his military pension and his social security. Plus his insurance policies.  I don't trust any of these people however this 50 something woman keeps saying she and my Brother were very good friends and he trusted her to do these things for him. The Funeral today was a joke and cost over 7000 dollars. I asked for the Honor Guard to be there to salute the 22 years Army service. They were great. Any suggestions would be helpful. I am not a ***** trying to make trouble, the talks my Brother and I had, before he became so ill, don't add up to what happened this last month he lived. To many lies were told to me, even to keep me away from seeing him at home. I live a long distance away and my health is not good so I counted on the female to contact me if my Brother became worse or was near death. She says she did that and my copies of her messages show different. She kept telling me he was    doing better, or he was doing good today and had a healthy appitite

The Arbiter of common sense · Accepted Answer

Contact an estate lawyer. If your brother had no children or spouse, you are  potential heir, therefore should have the right to see the will.

mailaccount63 · Answer

My condolences.

This case falls under the jurisdiction of the Probate Court. Your brother had a "Will" therefore it falls under the jurisdiction of the Probate Court. (The Probate Court of the county in which your brother lived.) And once the Will is filed with the Probate Court, it becomes public record and you should be able to go there and request a copy. The Estate's paperwork in the Probate Court is also public record, and you should be able to get copies of these also!!! (Take a little bit of money to pay for copy costs.) Request copies of EVERYTHING under your brother's case with the Probate Court.

>>>>>>>>>>You need to get an attorney AS SOON AS POSSIBLE!!! Call your local (usually county) Bar Association and get names of lawyers that handle Estate law. Do this ASAP!!! Once someone passes away, a "clock" start ticking - the longer you wait the less likely something will be able to be done. Do something NOW!!!!

It sounds like your brother may have been strongly influenced by these "caregivers" into rewriting his Will. If the Judge finds that this is the case, the Will could be thrown out! You need to get a lawyer ASAP!

DON'T SIGN ANYTHING!!! until you get an Attorney!!!! <<<<<<<<<<

Sounds like a scam to me.

Lone Cat · Answer

Don't feel like your being greedy.  Your not doing anything wrong here.  Your following up on something that does seem very wrong.  I think this will that they have is bogus.  It's either forged, or maybe he wasn't in his right mind.  Even if we assume these ladies are on the up and up, the circumstance are suspicious and I don't think anyone can fault you for looking into this.  And if these girls are ruining a scam, their counting on the fact that you won't look into it.

Scammer count on the fact that people are to embarrassed or too lazy to do something.  The only way to beat the scammers is to be proactive.

I would contact your brothers attorney first.

Addition.  I was just thinking.  One is retarded and one is handy capped.  That may be part of the scam.  They may be hoping that you'll feel bad for them.

Anonymous · Answer

Yes, you need to get an estate attorney and further consider filing a criminal complaint by contacting your county prosecutor...it appears your brothers may have committed some felonies if they are not the executors or administrators and the property was still in your father's name prior to any finalization of assets through probate court.  While the property may be partially theirs, it is also partially yours (1/3 most likely) and therefore they had no right to dispose of the estate assets without notifying you and reimbursing you.

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My Brothers estate in question?

4 Answers