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Anybody have experience with estate litigation?

Posted: Dec 25, 2011

My mother, age 92, with dementia, just passed away. My estranged brother coerced her behind my back, to leave her retirement condo near me to move in with him. I am the executrix of her willl, and everything was to be divided equally between my brother and me. I just found out that he's taken most of her money and put it into a couple POD (pay on death) accounts in his name. She has a couple small accounts that amount to maybe $67k. The estate is worth probably in excess of $500k. Needless to say he has not worked since he moved her in with him two years ago.

I'm obviously going to need a litigation attorney, which I can't afford. The other problem is that my brother's wife works for attorneys, who advised them to move her money to POD accounts.

I'm beyond upset and terrified. And how did I spend my Christmas? Alone, crying, and throwing up.

There Must be someone out here who's gone through this, and I love any advice you have.

;

If you dont get an attorny, might as well give it all to - him now and save the hassel. nm

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x

or get an attorney and the attorney will get it all - nm

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.

mean spirited and inaccurate - nm

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ok, truth is mean spirited? - totally not inaccurate

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Mark my words, the attorney will get over half, but first she will pay taxes on the entire amount, thereby leaving her squat.

I'm sorry you are going through this especially now. sm - CrispyCritterMT

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I don't have any experience with this, but perhaps you can get a lawyer to take your case on a contingency basis. You should at least be able to get a free consultation. Where do you live?

LITIGATION ATTY - AnnieOakley

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I think with an estate that big, and you being the executor, the attorney could take it upon contingency and be paid when estate is settled. Has to go through probate if it was not in a trust. You have a valid claim if you have something in writing such as a will. Depending on which state you live in as far as witnesses, recorded, etc. I would find the money somehow to at least get the case started, with an estate that big and get the accounts frozen that he has put as POD ASAP. The attorney will send a certified letter to him right away.

Thanks for replying - anon

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I'm in Maryland. Another problem is that he lives in a distant county, and I'm not sure I need an attorney in his county or mine. I also just had a scary thought. I wonder IF he had financial power of attorney that would complicate things for me.

I'm stuck for now since tomorrow is a holiday.

The very last thing I feel like doing is working tonight.

When I feel life out of control, I like to work cause it is - something I can control, making $$ for me. nm

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Sorry you're going through this. Please read... - Bindi

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If your mom's will was drawn up by a lawyer, then his/her name and contact information will be displayed on the will. As executor, you would contact the lawyer and he/she should immediately look into it and contact your brother.

If your sister-in-law had the lawyers she works for advising her and your brother, it sounds like she omitted the fact that there was a will, an executor (not her or him), etc.

Also, some employers have, as part of their benefits packet, the ability to access limited legal advice free of charge. Perhaps yours does?

Again, I'm sorry you're going through this and also sorry for your loss. Hang in there.

Free legal advice - anon

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Through AARP there are lawyers who will give you 30 minutes free consultation. I saw a probate attorney, who said I need a litigation attorney.

On Tuesday I'll call her (very high-priced) lawyer who drew up her will. I did call them to request a copy of the will, which they sent to me, and also sent a copy to the Registrar of Wills in the county where she died. I'm pretty sure they will give me no help, as my brother had been talking to them after she moved, so I think they're buddies.

I'm truly being eaten alive with rage, hatred, and unbearable grief. I live alone and have no family or support.

Legal advice - anon

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You might look into legal aid in your area. Sometimes you can get a pro bono attorney thru them or a discounted one. Hang in there! It never ceases to amaze me how awful family can be to each other. Just as a thought, you might look into talk to the prosecutor's office if you feel any fraud has been committed after you talk to an attorney.

Something else to think about - anon

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Don't have conversations with your brother about this. He's not going to suddenly develop a conscious. That alone will help your tears and sick stomach!

Your mother's atty... - Bindi

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Hi. I'm unsure why you think the attorney who drew up your mother's will will no help to you. If you are the named executor, then he/she is duty-bound to execute your mother's will as she wanted and that means including you in the process. It doesn't matter what your brother says. He has no say in this matter. Of course, he will partially inherit as that is what your mom wanted, but he has absolutely no say in how the will is executed nor can he make any changes or attempt to exclude you. Also, I would think that the legal fees would not be upfront, but would be paid to the attorney out of your mom's estate once the attorney settles the estate. In fact, thinking back several years, my ex-husband was executor of his dad's estate and that's exactly what happened. No money out of pocket for him; atty was paid out of the estate.

Again, hang in there. One foot in front of the other. I know it's hard. I lost my mom last year. You're not only dealing with grief but legal dealings. Keep us posted on how it's going.

OP take note... - good advice here

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I agree with this poster. The lawyer who drew up the will is indeed duty-bound to see it is carried out per your mother's wishes. Contact them as soon as possible to apprise them of your brother's actions.

Anyone have experience with estate litigation? - Been there done that

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My husband went through something very similar to this with his mother's estate. He was the executor, and after his mother died his brother sent him a paper he had drawn up giving him extra money that he had his mother sign and it was notarized. It took over 2 years to get everything sorted out, but the attorney's fees came out of his mother's estate, not his pocket. My brother-in-law had power of attorney for medical and financial, done without his knowledge, but that was null and void once she passed away. We went through 3 attorneys before we found the last one, who finally got the case settled. My brother-in-law spent a lot of his own money on attorney fees and even tried to have my husband removed as executor, but he was unsuccessful. In the end, we went through mediation and that is how the case was settled. My husband refused to budge on anything and my mother-in-law's original wishes were carried out, which was that her estate was to be divided equally between her 4 sons.

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