Brother in Prison but appointed the Successor PR

[cherylp49]

What is the name of your state (only U.S. law)? Mi
My mother & stepfather passed away in a mobile home fire & upon discovering the will, myself & my brothers except one, which was in prison when will was written & currently in, was written out of the will. My mom left my brother as successor PR. Since he is in prison, we all know that he cant do anything & I think he is disqualified?? But he was able to name who he wanted to handle the estate. So he named a lawyer, unsupervised probate & storing everything in a pole barn, including vehicles till he gets out, which can be more than several years.
I realize I was wrote out of the will, for some unknown reason, but does my brother have a right to appoint a PR & do what he wants? He is in prison for parole violation & also 10 more counts of charges has come up for him to face too, part of his parole violation. He doesn't have a right to vote because he is a felon, but he can handle an estate that he has no clue about.
He has been a felon since his teen years, his life has been in prison.
Thank you

 

[tranquility]

Since he is in prison, we all know that he cant do anything & I think he is disqualified??

He is not "disqualified", but the court may choose to appoint another.

I realize I was wrote out of the will, for some unknown reason, but does my brother have a right to appoint a PR & do what he wants?

From your description, brother is PR, but is using an attorney as his agent. I am often the agent of a trustee or executor as my job as well. There is nothing inherently wrong with that.

 

[cherylp49]

Successor PR

Yes, my brother was named successor PR, so he retained the attorney as the personal representative & the court appointed the attorney as PR since my brother signed the papers. If we were all written out of the will, but listed as Interested parties, were we suppose to have any say in the appointment?
This is what I read in a previous post:
Named Executor Going to Prison
My brother was named executor for my recentlly deseased mom's estate. He is awaiting sentencing for a felony. Can he be executor from prison?
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03-17-2006, 05:36 PM #2 MrsMoe
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If he has been convicted of a felony by law he is NOt allowed to be a PR. It would go to the next sibiling in line who is the most qualified.

~ Not allowed? but he can appoint someone else? He cant vote cause hes a felon but he can manage an estate...doesnt make sense to me!

 

[OHRoadwarrior]

If you do not inherit anything, why do you care?

 

[tranquility]

If he has been convicted of a felony by law he is NOt allowed to be a PR. It would go to the next sibiling in line who is the most qualified.

It is far more complex than that. I don't believe the courts have decided the matter in Missouri and the appointment of the attorney solves the problem.

473.117. 1. None of the following persons shall be appointed as a personal representative:

(1) No full-time judge of any court of this state or clerk, deputy clerk or division clerk of any court, but a judge, clerk, deputy clerk or division clerk may serve as a personal representative for a decedent who was a spouse or who was within the third degree of relationship by consanguinity or affinity as calculated according to the civil law;

(2) A person under the age of eighteen years or of unsound mind;

(3) A person who is under legal disability as a result of conviction of a crime;

(4) A habitual drunkard;

(5) Except as otherwise provided by section 362.600, a corporation, partnership or association organized under the law of a state or country other than the state of Missouri, or any United States national banking association having its principal place of business outside the state of Missouri;

(6) No personal representative of a personal representative, in consequence thereof, shall be a personal representative of the first decedent.

Interpretation by the courts in IN RE ESTATE OF FOXWORTH 732 S.W.2d 931 (1987) said in dicta:

Had respondent still been incarcerated at the time T. S. Foxworth died, respondent would have arguably been disqualified from serving as personal representative, as his confinement would have made it difficult, if not impossible, for him to carry out the duties of personal representative. Such, however, were not the circumstances at the time respondent was appointed. Therefore, we find nothing in subsection "1(1)" disqualifying respondent from serving as personal representative.

Here, there is no impediment. To find out why the law is worded as it is, read the incredibly intricate case.

 

[anteater]

Is this just curiosity or are you going somewhere with this?

Since your brother is the only beneficiary in the will, I would guess that the court simply found your brother's desire to have an attorney administer the estate acceptable.

 

[anteater]

It is far more complex than that. I don't believe the courts have decided the matter in Missouri and the appointment of the attorney solves the problem.

I think it is Michigan, Tranq.

But I do like that part about habitual drunkards.

 

[cherylp49]

Successor PR

I care cause its my mom..I think that something was wrong for her to decide this as far as the will is concerned..My brother has spent his life in prison & now facing 10 more counts, not including his parole violation.
Some are right about saying what do I care, but my brother being a successor has a right to decide what to do with belongings..ie..pictures etc...She was my mom too, no matter what papers say. Right is Right!
Anyways just wanted to know if he was disqualified in Michigan. Seems to me before my moms attorney wrote the will for her, he would explain the consequences of leaving everything to a felon.

 

[OHRoadwarrior]

Honestly. it does not really matter what you think. If he was given everything, the property belongs to him.

 

[cherylp49]

Youre right, guess all her belongings will rot in the pole barn, while he spends his life in prison.

 

[anteater]

You and your siblings can always contest the will. You have not mentioned any basis for doing so, but you can try.

 

[cherylp49]

Contest will?

Im just wondering on what basis to contest will? I read something on it & I just wonder about a part of it..(Undue influence is the allegation that the deceased was pressured into signing the will or trust by a person who benefits under the will or trust. Examples of undue influence may include the use of threats, withheld medications, or manipulated separation between the deceased and other members of their family.). My brother was also beneficiary on a bank account & when he released monies for the burial, (before the state could take it) & when I mentioned burying my mom & stepfather, he said they are going together or else I am not releasing money. He also said to me after the funeral if I keep saying things that I am saying, he will separate himself from me, in which he hasnt called me in about a month now. How do I prove if he manipulated separation with my mom in order for her to do the will the way she has. My brother has never been out of prison any longer than 6 months since he was of age. There had to be something wrong for this to happen.

 

[OHRoadwarrior]

Umm call me Capt. Obvious, but how could he have been exerting undue influence from his jail cell? It sounds like they made the decision and you are unhappy with it. Perhaps your parents did not feel you cared enough when the keepsakes and money were theirs, so having them sit in a pole barn is not your problem.

 

[justalayman]

cheryl, how many thousand of dollars do you want to throw at this to attempt to prove the will invalid? While you gave no reason it would be, you are more than welcome to spend whatever money you wish to attempt to have it invalidated. Make sure the number you have in mind has at least 4 zeros (to the left of the decimal).

I am curious; who was the first PR nominated? If the husband, I understand why he was not appointed. If not the husband, why was the first PR not appointed PR by the courts?

 

[cherylp49]

Umm call me Capt. Obvious, but how could he have been exerting undue influence from his jail cell? It sounds like they made the decision and you are unhappy with it. Perhaps your parents did not feel you cared enough when the keepsakes and money were theirs, so having them sit in a pole barn is not your problem.



I dont think it was that my parents didnt feel I cared enough & I think its sad to say something like that, but I put myself in that position for you to say that. I'm actually embarrassed for them as 3 months later, the mobile home is still sitting there. Yes I am unhappy with it that the system has allowed a felon take care of an estate that my brother has no mind to control it. Having pictures & keepsakes that my mom would have actually wanted me to have but her mind didnt allow her to think about it properly is why it should not be sitting in a pole barn, my brothers also have a right to things as keepsakes. Right is right, I dont give a heck what a paper says. Undue influence is saying if you dont put me on the will you know whats going to happen, they will take everything & leave me with nothing while I sit here spending my life in prison, although I cant do anything with it here. Stupid!