+ Reply to Thread
Results 1 to 7 of 7
  1. #1
    jacatone is offline Junior Member
    Join Date
    Apr 2005
    Posts
    4

    Can you sue a sibling over a will?

    What is the name of your state (only U.S. law)? California. My mother set up a living trust to divest her estate 50/50 between me and my brother. The problem is my brother and sister in law keep coursing her to give them large amounts of money while she's still alive. My fear is, they'll be nothing left when she dies. Can I both sue him to stop getting money from her and later get my full 50%. My mom is 87 and easily persuaded to comply with things that not in her best interest. Thanks.
  2. #2
    justalayman is offline Senior Member
    Join Date
    Nov 2005
    Location
    in the ether
    Posts
    34,442
    You don't have an inheritance until your mother dies. If she spends every penny before that time, well, you still don't have an inheritance. Unless your siblings are committing what is called "elder abuse" which is taking advantage of the elderly through coercion or by taking advantage of some mental deficiency, there is nothing for you to do to stop them.
  3. #3
    Rexlan is offline Senior Member
    Join Date
    Nov 2004
    Posts
    1,163
    What you are really saying is that it is not in your best interest for your mother to give $$ to you brother because YOU may not get enough.

    Your mother's best interest has nothing to do with your stated concerns ... pitiful.
  4. #4
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    54,078
    Quote Originally Posted by jacatone View Post
    What is the name of your state (only U.S. law)? California. My mother set up a living trust to divest her estate 50/50 between me and my brother. The problem is my brother and sister in law keep coursing her to give them large amounts of money while she's still alive. My fear is, they'll be nothing left when she dies. Can I both sue him to stop getting money from her and later get my full 50%. My mom is 87 and easily persuaded to comply with things that not in her best interest. Thanks.
    You DO realize that mom is still warm...and breathing even!


    IT'S NOT YOUR MONEY!
  5. #5
    jacatone is offline Junior Member
    Join Date
    Apr 2005
    Posts
    4
    I am too concerned my mother will be without any money.
    Last edited by m martin; 04-28-2011 at 02:00 PM.
  6. #6
    Rexlan is offline Senior Member
    Join Date
    Nov 2004
    Posts
    1,163
    RIGHT!

    Damn, come on .... dear mom is going tU? You will help her out and through the hard time though right?
  7. #7
    justalayman is offline Senior Member
    Join Date
    Nov 2005
    Location
    in the ether
    Posts
    34,442
    Quote Originally Posted by jacatone View Post
    I am too concerned my mother will be without any money.
    that isn't what you said previously:

    My fear is, they'll be nothing left when she dies
    and

    Can I both sue him to stop getting money from her and later get my full 50%.

Similar Threads

  1. Getting a sibling out
    By deejay in forum Domestic Violence & Abuse
    Replies: 0
    Last Post: 12-31-2009, 02:13 PM
  2. Sibling
    By D Henry in forum Buying & Selling a Home
    Replies: 1
    Last Post: 07-20-2009, 08:41 PM
  3. Need help with Sibling
    By gibby31 in forum Probate and Personal Representatives
    Replies: 1
    Last Post: 01-27-2009, 07:52 AM
  4. Can a sibling obtain an Order of Protection against another sibling
    By Jmcanoy1860 in forum Domestic Violence & Abuse
    Replies: 2
    Last Post: 06-11-2007, 05:15 PM
  5. Half-sibling vs. Step-sibling
    By angeleyzad in forum Child Custody & Visitation
    Replies: 4
    Last Post: 04-18-2006, 11:21 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.