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Need help to understand my Brothers will?
My one Brother passed away a year ago at age 74. I spoke with the Attorney's office who is doing the probate and was urged to write a letter to the Attorney explaining why I think the will as it stands was a hoax on my dying Brother. Except for the house, the home care people who were witnesses too, ended up with everything belonging to my Brother, our Mother and our Aunt. The other witnesses to this will was the nephew who got the house and the large insurance policy money. How do I let the court know that this should be looked into. This story is much more complicated and smells of my Brother being taken advantage of. Any advice or suggestions would help but please no nasty replys. I would have liked the chance to go through my Mothers things to collect pictures of her and my children. My wedding and engagement rings my Mother kept for me but will never know because every single item from three families has already been given away to strangers. Going to take my papers to the Attorney who was my Brothers Attorney but not the girl hired to do this will. He should be able to figure this out for me.
Dear Vamp, I see I didn't explain myself very well here. My dying Brother did this will, however these people who witnessed the will got everything belonging to my late Mother, My dying Brother and his dead wife and my Aunt. All their belongings were stored in my Brothers home. Four of the names on the will as witnesses got everything. My rings were with my Mothers things because of a divorce from my husband and were in safe keeping or so I thought. My nephew was another Brothers son and he got so rich off this that he bought a farm. Good for him I guess. I am not a college educated person altho I have been in college. I am not a dumb person or a greedy person. But this stinks of greed by other persons and seems illegal as you say these witnesses can not profit from his will. That is what you said, right. My older brother was a witness but his son is the one who got the large victorian home, the large insurance policy plus 40 acres of property. I will be contacting the Attorney
2 Answers
- PaulaLv 78 years agoFavorite Answer
Unscrupulous people often "steal" an estate from a vulnerable person in nursing care.
A will is pushed in front of the person to sign --- and he's told it's authorization forhis medication etc, so he does not even read it.
Write a letter to the attorney saying you should be entitled to a share of the estate --- if not all of it, as you are the brother of the deceased.
- VampLv 78 years ago
There are two different issues here regarding the Will.
If the Will is a hoax, then you are claiming that this Will wasn't made by your brother (ie it is a fake).
That is a different matter to claiming that your brother was unduly influenced into making this Will.. Now, as you have given us no indication of why you think he was unduly influenced, I can only suggest that you consider whether your brother was mentally competent to have made the Will (and you are probably going to need medical evidence to support this) and whether the Will significantly changes the bequests made in earlier Wills (so are going to need copies of the earlier Wills)
I am confused about the question of witnesses. A witness to a Will cannot be a beneficiary.
You do need to bear in mind that the fact you did not get something for which you were hoping is not, in itself, grounds for setting aside a Will. Your brother does have a legal right to leave his possessions where he chooses, and a nephew is hardly an odd choice of beneficiary (you aren't clear as to whose nephew this is, I didn't know whether you were talking about your brother's son)
As far the rings goes, if these are your property then they remain your property. I am confused as to why your mother was keeping them - and why they passed into your brother's keeping at all. Your problem there is a different one - you are going to need to prove they are actually your property, and to be blunt, since they appear to have been in at least two other people's possession without you bothering to recover them, that's going to be difficult.
You also need to bear in mind that this attorney is working for your brother, not you. You really need to take independent legal advice as to whether you have any kind of case, or chance of success.
