executor vs. durable power of attorney

My brother was named executor of my parent's will and my dad died in 91 and my mother last January. I recently learned my brother also named/gave himself durable power of attorney before my mom's death.

15 years after my dad died, I asked my brother about the will and he said he had lost it. I recently asked him again and he emailed me a copy but wouldn't disclose the value of the estate and basically said things would take a while. I'm a single parent with two kids and was diagnosed with cancer five years ago. The will mentions that upon death, gifts of 10K can be give to each of the siblings and 20K if they are married so that the spouse can have 10K as well. The only other money figure mentioned is a gift of 50K to charity and the house and stocks and bonds etc. are to be divided equally among my parent's children. So that's all I know. Since it seems like the will is going to take a long time, I'm worried. I'm worried that if I pass away, my children will be left with nothing as I had to sell my house in order to pay medical bills. (I had insurance, it was the deductibles and exclusions etc.). I also lost my life insurance as I was laid off a year into my illness.

My brother is aware of my situation but has been critical and refused to visit myself or my kids since my diagnosis. Why, I don't know--he feels I am "bad luck" is the way he explained it to me and has been busy etc. He is quite wealthy and also an attorney. When I emailed him about the will he accused me of "fishing" and being on a "mission" and said that while I had "cash flow" problems as he put it, I shouldn't count on anything happening anytime soon.

It's not just hurtful that he treats me in such a critical way, it's a genuine concern for me. When he put my mother in a nursing home I disagreed with him and so he didn't tell me. I had to find out by calling her house over and over. When she died, he didn't call me right away and said he had "lost" my number. When I called the nursing home and she wasn't there, the person in charge said I couldn't be my mother's daughter or I would know what had happened. Anyway, I don't trust my brother and am not sure what to do about this current situation. My priest suggested I get an attorney, but I am have no money in my budget for that. A friend offered to loan me the money, but I've never borrowed money form a friend and don't feel good about it. I would like to trust my brother--or feel that the law itself protects me in some way from him doing anything unethical---but he knows the law inside out and I don't.

Any suggestions? Thanks in advance!

Didn't you ask this same question within the last two weeks?

You don't mention your state as this site requests. And, it is difficult to figure out what your questions actually are. Be that as it may, two items:

1) Contact the probate court and obtain a copy of the file. If practical, do that every couple of months.
2) Make your own will. In most states, you only need to survive the deceased by 48 - 120 hours to be eligible to receive a bequest. (And the will or state statute may direct what happens if you pre-decease.) If you pass away before istributions are made and probate is concluded, your estate should receive the distribution.

Yep...doubleposter:

https://forum.freeadvice.com/showthread.php?t=394368

Thanks for your response. The post I made earlier regarded getting a copy of the will itself. I did mention the medical situation I was in, though, in my earlier post. After reading the will, new questions have risen. Wondering about the part with the annual 10k gifts and if there is a difference between executor and durable power of attorney. If the executor and person with durable power of attorney can keep the value of the estate confidential, take unlimited time to settle the will and I have no right to claim the 10k annual gift, then there is nothing I could or can do regarding this will and it wouldn't make sense to hire an attorney. But if I would be eligible for a part of liquid assets now/annual gift, then it would make sense maybe to find an attorney--but I hesitate as a friend would be paying the fees.

The will my dad had was never probated, just passed on to my mom and so I am not sure if it will be probated. It will be posted so that any claims against the will--bills/creditors etc.--can be made, but that's all I know.

Once again, thanks for your response!

The will my dad had was never probated, just passed on to my mom...


No it didn't...you have a major mess on your hands.


The POA died when the person who gave it died..