W
webdood
Guest
i have posted this in the "estate" but have yet to get a reply....maybe someone here can help....I'm gonna paste it here now.
my father died dec. '97. he and my mother had identical wills. right after dad died, my brother went to a lawyer and had a new will written for my mother. this new will includes a trust that my brother will control. he made it so that if he should die his wife will become trustee after him. he then told my mom to keep this new will a secret from me and my other brother. she did for 2 years. the will was created and signed within the same month as my father's death of cancer. after 2 years mom got angry at my brother and gave my other brother and me a copy of this new will. i read the will and it became very obvious why our oldest brother never wanted us to know about it. i realize that a living trust is a safeguard against probate but as soon as our brother got mom's name on that will he began degrading us to my mother. according to mom he tells her that we are no good because in the past we have had personal problems such as drug and alcohol dependence and we have been married more than once. he tells my mom that we are only after her money and that she should never trust us. he even tells her to avoid us at holidays. of course we see mom on the holidays anyway with our wives and kids but ever since that new will he spends the weeks before the holidays trying to convince her that she does'nt need us. he has never had any love for his younger brothers since we were kids. he was always hateful and mean to us. for the last 21 years my good brother and i have lived in florida near our parents while our oldest brother lived in kentucky with his wife and kids. he came to florida a year before dad died and we only saw him one or two days each year for all these years. we never became close. my mother has all of her money in cd's and he has his name next to mom's on her checkbook. a few months ago mom told him that she wanted all of her sons to share equally her estate when she eventually dies. he told her that she can't afford to pay anymore lawyers fees. (her estate is approx. $500,000). he has broken off all contact with his brothers and continually ridicules us to our mom. mom told him that she wanted her will changed and he exploded and scared her.(he has a history of violence and shouting) mom is always in fear of his reactions. he told mom that we ARE equal beneficieres in her will because her cd's ave all three of our names on them. i explained to mom that those cd's will become his property after her death and he re-name the beneficieres to his own kids. i explained that the trust is the key to her and dad's wishes being fulfilled but he will not allow her to copy the trust so that we can read it. mom has no idea what she was signing back in '97. she told me that she never contacted a lawyer or conveyed her wishes to the lawyer. he had the will prepared to his own liking ad then took her downtown to sin it. it was at this point he started his campaign of lies and hatred against his brothers and absolutely refused to discuss mom or her will/trust with us. now on to my question....Is ther any recourse i have to attack my brothers actions? do i need a lawyer even though mom is very much alive? before dad died he told us that he was leaving 3 cd's worth $20,000 each to his 3 sons and we would get those upon his death. after dad died he refused to even admit that the cd's existed. has he broken any elder-laws? thanks for your response.
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i have a complete record of events at http://webdood.tripod.com/denny.html
my father died dec. '97. he and my mother had identical wills. right after dad died, my brother went to a lawyer and had a new will written for my mother. this new will includes a trust that my brother will control. he made it so that if he should die his wife will become trustee after him. he then told my mom to keep this new will a secret from me and my other brother. she did for 2 years. the will was created and signed within the same month as my father's death of cancer. after 2 years mom got angry at my brother and gave my other brother and me a copy of this new will. i read the will and it became very obvious why our oldest brother never wanted us to know about it. i realize that a living trust is a safeguard against probate but as soon as our brother got mom's name on that will he began degrading us to my mother. according to mom he tells her that we are no good because in the past we have had personal problems such as drug and alcohol dependence and we have been married more than once. he tells my mom that we are only after her money and that she should never trust us. he even tells her to avoid us at holidays. of course we see mom on the holidays anyway with our wives and kids but ever since that new will he spends the weeks before the holidays trying to convince her that she does'nt need us. he has never had any love for his younger brothers since we were kids. he was always hateful and mean to us. for the last 21 years my good brother and i have lived in florida near our parents while our oldest brother lived in kentucky with his wife and kids. he came to florida a year before dad died and we only saw him one or two days each year for all these years. we never became close. my mother has all of her money in cd's and he has his name next to mom's on her checkbook. a few months ago mom told him that she wanted all of her sons to share equally her estate when she eventually dies. he told her that she can't afford to pay anymore lawyers fees. (her estate is approx. $500,000). he has broken off all contact with his brothers and continually ridicules us to our mom. mom told him that she wanted her will changed and he exploded and scared her.(he has a history of violence and shouting) mom is always in fear of his reactions. he told mom that we ARE equal beneficieres in her will because her cd's ave all three of our names on them. i explained to mom that those cd's will become his property after her death and he re-name the beneficieres to his own kids. i explained that the trust is the key to her and dad's wishes being fulfilled but he will not allow her to copy the trust so that we can read it. mom has no idea what she was signing back in '97. she told me that she never contacted a lawyer or conveyed her wishes to the lawyer. he had the will prepared to his own liking ad then took her downtown to sin it. it was at this point he started his campaign of lies and hatred against his brothers and absolutely refused to discuss mom or her will/trust with us. now on to my question....Is ther any recourse i have to attack my brothers actions? do i need a lawyer even though mom is very much alive? before dad died he told us that he was leaving 3 cd's worth $20,000 each to his 3 sons and we would get those upon his death. after dad died he refused to even admit that the cd's existed. has he broken any elder-laws? thanks for your response.
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i have a complete record of events at http://webdood.tripod.com/denny.html