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I'm shocked at my brother!

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FLORENCE BARANE

Junior Member
Pennsylvania My parents lived in Phila. they had a will filled out many years ago. Dad got sick 11/2009 died 4/20010. Mom had altz. died 3/2011. My brother aquired power of att. approx 11/2009. I live in NJ. I am a disabled widow, wheelchair bound. My brother took good care of my mother at his home in Rockledge from June 1 2010 (when he sold her home in Phila) until her death . He destroyed parents will and claims they did not have one. He says no money is left. State Rep. John Taylor wrote the will when he was in private practice years ago. We were neighborhood friends so he remembers doing it. His office cant find a copy. What can I do. My dad had a safe in the basement which had the will and stocks and bonds in it . My brother took everything and maintains nothing is left.What is the name of your state (only U.S. law)? pennsylvania
 


anteater

Senior Member
He destroyed parents will and claims they did not have one.... My brother took everything and maintains nothing is left.
Do you have evidence of this? Maybe he could not find the will and there really is nothing left.

In any event, I suggest that you file to open intestate probate and petition the court to order that your brother produce an accounting for his actions as attorney-in-fact under the POA. Retain an attorney in the Philadelphia area if you are unable to physically do it yourself.

It is possible to persuade the court to accept a copy of the will in PA if it can be authenticated and there is some evidence that the original was not revoked. But, if the original or a copy cannot be found, the alternative is to open probate as if there is no will.
 

SOGFAN

Junior Member
My Brother the same !

I live in Florida. My dad passed in Oct 1995. He had a will and it went through probate. All was left to my mother or if she was deceased it would be split in half between my brother and myself. My mother passed in Jan 2009. My brother said there was no money and no will. I checked with my county and their was no probate either. Doing research I feel he was able to draw up a revocable living trust ( no attorney needed in Florida) and took everything. Trying to find out how I can obtain a copy because I did read "If you want to exclude a child from your trust you need to say so explicitly" But I would like to see that in writing with my own eyes. Any ideas?Thank you
 

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