What is the name of your state?
MA.
This is an ongoing case currently on appeal.
I have posted about this case before, and now would like
to update the progress and ask a few questions.
My Aunt created a life estate deed in 1989 that left her
property to my parents upon her death. She also created
a new will in 1989 that left her property to my parents
"unless they predeceased her" . If they predeceased
my Aunt, the property would be split between the remaining
beneficiary's named in the will. The 1989 life estate deed
had no such provision pertaining to who died first.
In 1993 my Father died, in 2000 my Mother died. 4 months
after my mother died, my brother had my Aunt change her
will to give him "any real property she owned" at her death.
He also had a note that "he" wrote and my Aunt signed and
was witnessed that stated, "she wanted him to have all her real
property owned by her".
My Aunt died in 2001.
The lawyer who drew up my brothers will, was also the lawyer
my parents used to write the 1989 will and deed. He stated he didn't
change the deed because my brother told him, he would split the
proceeds from the property between the heirs in the new will,
which would have been his 2 brothers and sister. He or course
changed his mind and claimed it was his property because "Auntie"
wanted him to have it. The family took him to court and won because
the land court said the property never made it into the will because of
the 1989 deed.
He of course appealed and here are the questions:
The Appeals court now has questions about why our brothers lawyer
never called my Aunts lawyer to court during the trial to explain why
he didn't change the deed when he changed her will. It seems that
they are looking to correct the mistake my brothers lawyer made
by not calling him as a witness or calling the witness to the note that
my Aunt signed. They also may be looking at the 1989 will that says
my parents had to survive my Aunt, and the deed that has no such
stipulation.
If the deed had no survivor clause, why would it matter if the old will did?
If my brother's lawyer didn't a call witnesses in a trial to support his case,
how can that be used on appeal?
Thanks in advance for any help.
MA.
This is an ongoing case currently on appeal.
I have posted about this case before, and now would like
to update the progress and ask a few questions.
My Aunt created a life estate deed in 1989 that left her
property to my parents upon her death. She also created
a new will in 1989 that left her property to my parents
"unless they predeceased her" . If they predeceased
my Aunt, the property would be split between the remaining
beneficiary's named in the will. The 1989 life estate deed
had no such provision pertaining to who died first.
In 1993 my Father died, in 2000 my Mother died. 4 months
after my mother died, my brother had my Aunt change her
will to give him "any real property she owned" at her death.
He also had a note that "he" wrote and my Aunt signed and
was witnessed that stated, "she wanted him to have all her real
property owned by her".
My Aunt died in 2001.
The lawyer who drew up my brothers will, was also the lawyer
my parents used to write the 1989 will and deed. He stated he didn't
change the deed because my brother told him, he would split the
proceeds from the property between the heirs in the new will,
which would have been his 2 brothers and sister. He or course
changed his mind and claimed it was his property because "Auntie"
wanted him to have it. The family took him to court and won because
the land court said the property never made it into the will because of
the 1989 deed.
He of course appealed and here are the questions:
The Appeals court now has questions about why our brothers lawyer
never called my Aunts lawyer to court during the trial to explain why
he didn't change the deed when he changed her will. It seems that
they are looking to correct the mistake my brothers lawyer made
by not calling him as a witness or calling the witness to the note that
my Aunt signed. They also may be looking at the 1989 will that says
my parents had to survive my Aunt, and the deed that has no such
stipulation.
If the deed had no survivor clause, why would it matter if the old will did?
If my brother's lawyer didn't a call witnesses in a trial to support his case,
how can that be used on appeal?
Thanks in advance for any help.