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Abandonment of elder by an heir

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dellaca78

Junior Member
What is the name of your state? Alabama
My husband's mother passed a week ago in the rehab section of a nursing home and was in the home a total of 3 weeks. In the first week of her stay there her son, (who I will refer to from now on as the older son) who is retired, left on a golfing trip to California to stay for the entire month. My husband, (the younger son) who is the executor of her will and has power of attorney, and was the responsible party for the mother in the nursing home, was not called or notified at all of this trip. The week before the mother went into the nursing home she was in the hospital for a week and the older son called the younger son from the hospital telling him that he was through with the mother, whom he called "only my birth mother" and was leaving and wanted nothing more to do with her. However, the older son did show up at the nursing home for the first week. The younger son and the older son have not spoken since the first week in the nursing home but apparently the older son found out the mother passed from his wife who would show up for visits at the nursing home and must have found out from the staff that the mother passed since the younger son did not call and tell her or the older son. The older son showed up at the funeral home for the service but did not go to the cemetery as the younger son did.

The will, as we know about it, (it has not been read yet), divides her assets between the older son and the younger son. Would the actions of the older son constitute elder abandonment? The younger son is planning on challenging the older son's rights to the mother's estate because of his actions during this time.What is the name of your state?
 


seniorjudge

Senior Member
Q: Would the actions of the older son constitute elder abandonment?

A: Maybe, maybe not. But it is irrelevant to what the will says.
 

dellaca78

Junior Member
My state is Alabama.

So, the older son would be entitled to his half of her estate even if his actions did constitute abandonment?
 
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seniorjudge

Senior Member
Q: Wills are contested all the time for various reasons from what I've heard. Is that not true?

A: Absolutely true. But they are contested for the actions of the testator (the one who wrote the will) not the heirs!

Hint: You have no case.
 

dellaca78

Junior Member
Alabama

Our case would be that if the testator had known she was being deceived by the older son she would not have left him half of her estate. The testator was under the mistaken impression that the older son thought of her as his mother and wanted to care for her. Still no case?
 

seniorjudge

Senior Member
Alabama

Our case would be that if the testator had known she was being deceived by the older son she would not have left him half of her estate. The testator was under the mistaken impression that the older son thought of her as his mother and wanted to care for her. Still no case?
That's not even a straw.

That's not even a molecule!
 

dellaca78

Junior Member
Wow, not even a molecule! Ha!

Nevertheless, we're seeing her attorney next week. My husband says he's taking it as far as he can and he would rather see the lawyers get all the money if it would keep the older brother from getting one red penny of his mother's estate!
 

Zigner

Senior Member, Non-Attorney
OP -

Why did you even come here and waste everyone's time then?
Contrary to popular belief, this is NOT the "only the answers that what you want to hear" forum.
 

dellaca78

Junior Member
Senior Judge you don't sound like an attorney to me. You sound like some adolescent posing as something you're not. I mistakenly thought this was a serious forum but from your juvenile replies (you probably can't even use legal terms) I can tell this is a joke! On the off chance you are actually an attorney you should be disbarred!
 

dellaca78

Junior Member
TO ZIGNER:

Waste your time?

I feel like my time has been wasted! Sites like these should only be used as a reference not as the AUTHORITY. Do you honestly think people take your advice about matters and run with it? I have no proof you people have good knowledge of the law. Questions like mine should be referred to actual live attorneys and courts of law.

YOU SHOULDN'T TAKE YOURSELF SO SERIOUSLY!
 

Silverplum

Senior Member
TO ZIGNER:
Waste your time?

I feel like my time has been wasted! Sites like these should only be used as a reference not as the AUTHORITY. Do you honestly think people take your advice about matters and run with it? I have no proof you people have good knowledge of the law. Questions like mine should be referred to actual live attorneys and courts of law.

YOU SHOULDN'T TAKE YOURSELF SO SERIOUSLY!
Please feel free to review the Important Notice at the bottom of the page. Also, feel free to HIRE an attorney. :rolleyes:
 

seniorjudge

Senior Member
...Nevertheless, we're seeing her attorney next week. My husband says he's taking it as far as he can and he would rather see the lawyers get all the money if it would keep the older brother from getting one red penny of his mother's estate!...


Yep, I've presided over many a case like that.

The lawyers will love you...till the money runs out.

Post back with results.
 

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