Undue Influence of Parent's Estate; How can I recover my Share?

[HenryMarcum]

My Parents Will Stipulated a 50/50 share of assets between my sister and I. However, she received 300,00 and I received 4,800.

My mother passed away on 2012 my father on 2015. Their will stipulated that their assets first pass to my father, then a 50/50 share between my sister and I. However, my parents were in poor health mom had heart problems and subsequently suffered strokes and dementia. Dad had severe Alzheimers. My sister and her husband persuaded my parents to build a home on their property with out a deed. They also received their prior home as a gift.

Around 2011 my parents and sister quarreled, they moved back in to their former home, after paying sister 118,000 for life time tenancy. After my father passed in 2015 my sister was the Executrix, but refused to share information or discuss any sharing of assets. She received approximately 300,000 and I received 4,800 half of a life insurance policy. I hired a lawyer and requested a Probate hearing, but I was not well represented and missed an appeal date because my attorney did not notify me. My sister would not even share my parent's household goods. I have tried to forget this and move on but I feel wronged and want justice.

I am looking for an attorney to help me receive an equitable share of my parents property.

 

[Shadowbunny]

My Parents Will Stipulated a 50/50 share of assets between my sister and I. However, she received 300,00 and I received 4,800.

My mother passed away on 2012 my father on 2015. Their will stipulated that their assets first pass to my father, then a 50/50 share between my sister and I. However, my parents were in poor health mom had heart problems and subsequently suffered strokes and dementia. Dad had severe Alzheimers. My sister and her husband persuaded my parents to build a home on their property with out a deed. They also received their prior home as a gift.

Around 2011 my parents and sister quarreled, they moved back in to their former home, after paying sister 118,000 for life time tenancy. After my father passed in 2015 my sister was the Executrix, but refused to share information or discuss any sharing of assets. She received approximately 300,000 and I received 4,800 half of a life insurance policy. I hired a lawyer and requested a Probate hearing, but I was not well represented and missed an appeal date because my attorney did not notify me. My sister would not even share my parent's household goods. I have tried to forget this and move on but I feel wronged and want justice.

I am looking for an attorney to help me receive an equitable share of my parents property.

Two things: US law only, and this this forum is not the place to search for an attorney.

 

[HenryMarcum]

Two things: US law only, and this this forum is not the place to search for an attorney.

I do not understand. Do you mean Federal as opposed to State law? Or you mean this is not the correct forum?

 

[I'mTheFather]

It means that state laws vary widely and you deleted the question that asked you which state.

 

[HenryMarcum]

It means that state laws vary widely and you deleted the question that asked you which state.

OK, my bad but I did not realize that I deleted the state. I entered the Zip code and I assumed it was the state information. The state is North Carolina. I live abroad and my sister hangs up on me when I call her.

I want justice, more in the vein of my sister abusing her position as executrix and refusing to even share items such as photographs, etc.

 

[I'mTheFather]

Of the $300,000 that your sister received, how much was distributed as part of the probate process? Or was that the money she received in real estate prior to your parents' passing?

 

[HenryMarcum]

Of the $300,000 that your sister received, how much was distributed as part of the probate process? Or was that the money she received in real estate prior to your parents' passing?

She received the entire amount ($300,000) as follows:

1 "Gift" of one home, valued at $118,000

2 Parents returned to the gifted home (see 3 below.) Parents paid $118,000 for lifetime tenancy in their former home. They actually lived there for less than six months before my sister had them declared incompetent.

3 Home my parents built on her land with no deed, passed to her after Mom's passing, estimated value $64,000+

At the Probate hearing I learned that my Father had three life insurance policies, around $40,000 total. I received 50% of one policy, around $4,800. My sister was their Power of Attorney.

I also suspect Medicaid fraud, since all the assets were transferred to her (sister) Medicaid paid for some of Mom's nursing home care.

 

[I'mTheFather]

Except for the life insurance policies, it doesn't sound like there was an estate to probate. Didn't the property transfers occur before death? What evidence do you have that shows she exerted undue influence? How do you know your parents' degrees of competency when the transfers occurred?

As for the life insurance, only the named beneficiary (or beneficiaries) receives funds. Again, if you suspect undue influence, you'll have to have more than you do. Do you have any evaluations by doctors?

 

[HenryMarcum]

Except for the life insurance policies, it doesn't sound like there was an estate to probate. Didn't the property transfers occur before death? What evidence do you have that shows she exerted undue influence? How do you know your parents' degrees of competency when the transfers occurred?

As for the life insurance, only the named beneficiary (or beneficiaries) receives funds. Again, if you suspect undue influence, you'll have to have more than you do. Do you have any evaluations by doctors?

She admitted in the Probate Hearing that she and her husband disposed of our parent's furniture, tools, etc. No accounting as to the value or distribution of personal property.

My parents were in poor health, Dad with Alzheimers and mom with heart disease (three heart valves replaced.) My sister would stop by their house about once a week to check up on them. She found my Mom in bed and Dad did not know how to call for help. My sister told me that she "advised" them to build a home on their property.

As far as evaluations, as soon as my sister had all of their cash assets, they (parents) were suddenly incompetent. That's convenient, don't you think? Dad's Alzheimers was well documented and I could probably find witnesses testifying toi Mom's increasingly erratic behavior.

I live abroad but I did return several times to help out, once for 11 months. I had never had a problem with my sister before (I'm eight years older, no other siblings) so I did not think she would wrong me with respect to the Estate.

She was Dad's caretaker for about three years, so I did not have a problem with her receiving more. What disturbs me is that my last visit when I lived in our parents house (on her land) I once politely asked about the Estate but she would not discuss it.

At the Estate hearing I asked for some of my Dad's personal effects, she forwarded to my attorney a notice of the funeral (I did not attend), a hat I had bought for Dad, a wrist watch and a pistol. I had the pistol returned since I had no memory of Dad owning it. I had been promised my father's shot guns but my sister claimed they belonged to her son.

I did not return for Dad's funeral and I know that my sister was angry about that and was punishing me.

My point is that as co-executer (she and her husband) she had a fiduciary duty to distribute the assets, even remaining personal property, fairly. She allowed her personal feelings to over ride her fiduciary responsibilities.

Again, looking back, I can see where I should have taken more aggressive action, with respect to the "gifts." Mom regretted the "gifts" and my sister admitted as much to me.

 

[Dave1952]

Forgive me but the value of your parent's personal property may be far, far less than you imagine. Fine jewelry or expensive cars may have value. The house and land deals seem to have have happened before death or incompetency so it has little to do with an estate. Your parents made that decision so why are you mad at your sister? Undue influence? Can you describe it or is it your imagination?
I agree that the "life time tenancy" deal was stupid but so what?
Sorry but based on your post I see nothing wrong. Do not pick fights with family.

 

[HenryMarcum]

Forgive me but the value of your parent's personal property may be far, far less than you imagine. Fine jewelry or expensive cars may have value. The house and land deals seem to have have happened before death or incompetency so it has little to do with an estate. Your parents made that decision so why are you mad at your sister? Undue influence? Can you describe it or is it your imagination?
I agree that the "life time tenancy" deal was stupid but so what?
Sorry but based on your post I see nothing wrong. Do not pick fights with family.

You are just trolling, looking for a spat.

Any decent person would agree that sharing of family items is the right thing to do.

Please do not comment further.

 

[Proserpina]

You are just trolling, looking for a spat.

Any decent person would agree that sharing of family items is the right thing to do.

Please do not comment further.

It would seem that your idea of fair and your sister's idea of fair are two different animals. Whose definition should be used?

 

[HenryMarcum]

It would seem that your idea of fair and your sister's idea of fair are two different animals. Whose definition should be used?

It would seem that manipulation of incompetent persons for personal gain is acceptable for several members of this forum.

 

[ShyCat]

Any decent person would agree that sharing of family items is the right thing to do.

Did these family items that you called "your parent's household goods" hold sentimental value to you (which you never mentioned)? Did you ask for specific items of sentimental value or just assume you would get half of the mixing bowls, spoons and leftover cleaning supplies? Did you arrange to pay to ship these desired items to you overseas? How much would it cost you to buy such items at a garage sale?

I know this sort of thing can be mostly about emotional upset, but pragmatically speaking, is any of this worth all this drama?

 

[HenryMarcum]

Did these family items that you called "your parent's household goods" hold sentimental value to you (which you never mentioned)? Did you ask for specific items of sentimental value or just assume you would get half of the mixing bowls, spoons and leftover cleaning supplies? Did you arrange to pay to ship these desired items to you overseas? How much would it cost you to buy such items at a garage sale?

I know this sort of thing can be mostly about emotional upset, but pragmatically speaking, is any of this worth all this drama?

It is obvious that you are trying to bait me so I have a better idea drama girl, lets go public and let decent, unbiased people share their opinions.

I live abroad but returned to the USA several times so my sister and her family could take extended vacations abroad. I returned and spent 11 months helping to care for my parents. After their passing I repeatedly phoned my sister and endured her abusive tirades on when I asked about the distribution of family items.

There is a huge difference between asking to receive some family photos as opposed to comparing those items to the value of half a can of Drano at a garage sale. But your post is not about proposing a solution; you are trolling.

Do unsuccessful lawyers such as your self spend every waking hour to drag others down to your level?

Uhh, yeah, I guess so...