What is the name of your state? Alabama
My mother passed away almost 5 years ago. The only Will I knew she had, was one she and my father had made at the same time, and both Wills states me as executor, and that the estate would be divided between me and younger brother, but if sold, my eldest sister would be included to receive 1/3 of the monies. Also, my middle sister was left out of this Will because she owed my father money. My father died about 9 years ago, and my mother left her Will as it was. I came home from living in Australia to help my mother in taking care of house and property or whatever, when my father died. My husband and I lived with her for about a year until we found a place of our own; during this time we paid her money every month, which practically covered all her bills. Then "it" started....the usual "jealousy" and "greed" monsters came out of the closet: being, my brother and middle sister. My brother has been living off my parents for years and lived on my parents' property. Both he and my mid sister have been in bankruptcy and financial dire straits for years and years. My brother and middle sister really started making it very difficult for me to continue to have a good relationship with my mother. The usual, lying on me and my husband and convincing my mother that we came there to "get everything" we could get....anyway, when we moved out of my mother's house, she immediately "changed" her Will. Neither my eldest sister or I was aware of this, and my mother made my brother executor and sole heir to everything in this new Will.
I had been very upset, stressed, and concerned about my mother's health every since I had returned from Australia; she was very depressed (on RX which didn't seem to help), other heart & health problems, and wasn't spending what little money she got on SS very wisely. I still had a good relationship with my mother, but it wasn't like it used to be, thanks to my middle sister and brother. Then about 2 years later (after changing her Will, my mother also deeded over the house and property to my brother (after I had tried to get long term insurance for her - which my mid sister and brother refused to help pay for and told my mother - that "was just for rich people" - God help! If it's for anybody, it's for poor people!!!!)
My middle sister was left out of the previous wills of my mother and father, because she owed my father money. She tried to contest it (an idiot - since my mother was sole heir to everything). My middle sister continued to taunt my mother until mother put her as beneficiary to her life insurance policy. (Very fair, since the estate divided up between the other 3 children, we would all be receiving very much the same amount of monies.)
My eldest sister came to live with my mother, at my mother's request ( a couple months before mother died). My mother was in the hospital for 10 days. My eldest sister didn't know anything (as I didn't) about the Will being changed or that mother had deeded all the real estate over to my brother. My brother had already "lined up" an appointment (sometime ?) and my eldest sister and I were "informed" that we had to go to the "reading" the next day, after the funeral....(very sick indeed)....
My brother showed up at the reading "empty handed"...the attorney stated that he only had the "copy" of the Will; and also advised my brother that he did NOT have to probate the Will.
Needless to say, my eldest sister and I were in "shock and awe"; my mid sister didn't show up, as she already knew what was happening in the game.
We checked with the probate office and they told us, that , YES, all wills in Alabama must be probated and that there is a time limit of 5 years for it to be done, and that all "personal property" was the property of all the heirs, according to state law, until the Will went to probate. As of today, the "copy" of this Will has not been recorded or probated. My brother has sold my mother's car (which he tried to do previously, and couldn't because the "heirs" had to sign off on the Title, which my eldest sister and I would not do)....illegally. He and my mid sister also confiscated my mother's jewelry while she was in the hospital. My brother has had garage sales and has sold off other personal property. My eldest sister and I wanted personal items that we had given our mother and some other sentimental items for my mother's grandchildren - which my mother verbally agreed to previously. (When these items were mentioned to my brother by my neice who came down for the funeral and had to leave the next day - that was when my brother informed us that we had to attend the "reading" and "nothing" was going to be given or distributed until then. So nice.) About a month after my mother died, my brother proceeded to try to have my eldest sister arrested for tresspassing - at that time he didn't have Title recorded on the home - but got the local police to serve a "notice" on my sister. We didn't want her to get arrested, so I let her move in with me and my husband - in very small house. Later we asked an attorney about this and he said my brother had no right to do this and my sister didn't legally have to leave the house; so in reality, my brother harassed and illegally forced my sister out of my mother's house; which she had no home to go to and is on disability.
(1) I would like to know what I can do about my brother selling personal property (and my mid sister confiscating my mother's diamond jewelry) without the Will being probated;
(2) and also, is it possible for me to present my mother's previous Will - which I also have a "copy" of - to the probate court, and let my brother and mid sister "contest" my Will?
I had talked to attorney's before and they say that the "personal property" doesn't amount to enough to contest the Will....you know, I know, it doesn't amount to much to anyone else...but these things mean a lot to me, especially the jewelry I gave her as gifts.
(3) Can I go to small claims court, or have charges put against my brother for selling the personal property without probate, or harrassing my sister and illegally evicting her or ?????
The limit on probate of the Will will be over in May 2007. The question of me waiting so long to do anything is complicated, and since I had a few sessions with attorneys, they really didn't give me any hope of going to court, they said because it would cost me too much money to recover the personal items...I have tried other free advise forums on this, but got no answers. Are there any other avenues I can take.....
Thank you very kindly for any help/advise....I look forward to replies as soon as possible!
Very sincerely,
TaffyWhat is the name of your state?
My mother passed away almost 5 years ago. The only Will I knew she had, was one she and my father had made at the same time, and both Wills states me as executor, and that the estate would be divided between me and younger brother, but if sold, my eldest sister would be included to receive 1/3 of the monies. Also, my middle sister was left out of this Will because she owed my father money. My father died about 9 years ago, and my mother left her Will as it was. I came home from living in Australia to help my mother in taking care of house and property or whatever, when my father died. My husband and I lived with her for about a year until we found a place of our own; during this time we paid her money every month, which practically covered all her bills. Then "it" started....the usual "jealousy" and "greed" monsters came out of the closet: being, my brother and middle sister. My brother has been living off my parents for years and lived on my parents' property. Both he and my mid sister have been in bankruptcy and financial dire straits for years and years. My brother and middle sister really started making it very difficult for me to continue to have a good relationship with my mother. The usual, lying on me and my husband and convincing my mother that we came there to "get everything" we could get....anyway, when we moved out of my mother's house, she immediately "changed" her Will. Neither my eldest sister or I was aware of this, and my mother made my brother executor and sole heir to everything in this new Will.
I had been very upset, stressed, and concerned about my mother's health every since I had returned from Australia; she was very depressed (on RX which didn't seem to help), other heart & health problems, and wasn't spending what little money she got on SS very wisely. I still had a good relationship with my mother, but it wasn't like it used to be, thanks to my middle sister and brother. Then about 2 years later (after changing her Will, my mother also deeded over the house and property to my brother (after I had tried to get long term insurance for her - which my mid sister and brother refused to help pay for and told my mother - that "was just for rich people" - God help! If it's for anybody, it's for poor people!!!!)
My middle sister was left out of the previous wills of my mother and father, because she owed my father money. She tried to contest it (an idiot - since my mother was sole heir to everything). My middle sister continued to taunt my mother until mother put her as beneficiary to her life insurance policy. (Very fair, since the estate divided up between the other 3 children, we would all be receiving very much the same amount of monies.)
My eldest sister came to live with my mother, at my mother's request ( a couple months before mother died). My mother was in the hospital for 10 days. My eldest sister didn't know anything (as I didn't) about the Will being changed or that mother had deeded all the real estate over to my brother. My brother had already "lined up" an appointment (sometime ?) and my eldest sister and I were "informed" that we had to go to the "reading" the next day, after the funeral....(very sick indeed)....
My brother showed up at the reading "empty handed"...the attorney stated that he only had the "copy" of the Will; and also advised my brother that he did NOT have to probate the Will.
Needless to say, my eldest sister and I were in "shock and awe"; my mid sister didn't show up, as she already knew what was happening in the game.
We checked with the probate office and they told us, that , YES, all wills in Alabama must be probated and that there is a time limit of 5 years for it to be done, and that all "personal property" was the property of all the heirs, according to state law, until the Will went to probate. As of today, the "copy" of this Will has not been recorded or probated. My brother has sold my mother's car (which he tried to do previously, and couldn't because the "heirs" had to sign off on the Title, which my eldest sister and I would not do)....illegally. He and my mid sister also confiscated my mother's jewelry while she was in the hospital. My brother has had garage sales and has sold off other personal property. My eldest sister and I wanted personal items that we had given our mother and some other sentimental items for my mother's grandchildren - which my mother verbally agreed to previously. (When these items were mentioned to my brother by my neice who came down for the funeral and had to leave the next day - that was when my brother informed us that we had to attend the "reading" and "nothing" was going to be given or distributed until then. So nice.) About a month after my mother died, my brother proceeded to try to have my eldest sister arrested for tresspassing - at that time he didn't have Title recorded on the home - but got the local police to serve a "notice" on my sister. We didn't want her to get arrested, so I let her move in with me and my husband - in very small house. Later we asked an attorney about this and he said my brother had no right to do this and my sister didn't legally have to leave the house; so in reality, my brother harassed and illegally forced my sister out of my mother's house; which she had no home to go to and is on disability.
(1) I would like to know what I can do about my brother selling personal property (and my mid sister confiscating my mother's diamond jewelry) without the Will being probated;
(2) and also, is it possible for me to present my mother's previous Will - which I also have a "copy" of - to the probate court, and let my brother and mid sister "contest" my Will?
I had talked to attorney's before and they say that the "personal property" doesn't amount to enough to contest the Will....you know, I know, it doesn't amount to much to anyone else...but these things mean a lot to me, especially the jewelry I gave her as gifts.
(3) Can I go to small claims court, or have charges put against my brother for selling the personal property without probate, or harrassing my sister and illegally evicting her or ?????
The limit on probate of the Will will be over in May 2007. The question of me waiting so long to do anything is complicated, and since I had a few sessions with attorneys, they really didn't give me any hope of going to court, they said because it would cost me too much money to recover the personal items...I have tried other free advise forums on this, but got no answers. Are there any other avenues I can take.....
Thank you very kindly for any help/advise....I look forward to replies as soon as possible!
Very sincerely,
TaffyWhat is the name of your state?