BRUCE CONWELL
Junior Member
What is the name of your state (only U.S. law)? New York
My brother set up a life estate for my 90 year old mother with his name added to the deed. He lives in the home. He did this all behind the backs of myself and two other brothers. I only found out by accident 7 years later. He convinced my Mother to do it by creating his Will at the same time and leaving the house to his three brothers upon his death. He convinced my Mother that he was going to die before her so his three brothers would get the house anyway (after her death).
My Mother has confirmed to myself and two brothers that she wants all of us to share equally in the house after she passes away. There is a clause in the life estate contract that allows my mother to add or change names on the deed. My brother did not know about this clause but I think the lawyer added it because he knew something sneaky was going on.
The problem is my brother has told my mother that if any changes are made to the deed he will commit suicide and it will be her fault! He told this to his 90 year old mother! Now my mother wants to leave everything "as is" so as not to cause him any stress. Myself and my two brothers know he will not commit suicide and he only is saying that to keep the house for himself after my mother passes away.
We are not supposed to know that he threatened suicide as my mother told us in confidence and does not want us to say anything. She wants all her sons to share equally in the house but she has been put in a terrible situation because she thinks her son might commit suicide if she makes any changes. My brothers and I can't confront my other brother because we would be breaking my mothers trust.
Does anyone have any advise on a way out of this situation so my mother's real wishes can be met. We feel like my mother and her three sons are being held hostage by this "wayward" brother.
My brother set up a life estate for my 90 year old mother with his name added to the deed. He lives in the home. He did this all behind the backs of myself and two other brothers. I only found out by accident 7 years later. He convinced my Mother to do it by creating his Will at the same time and leaving the house to his three brothers upon his death. He convinced my Mother that he was going to die before her so his three brothers would get the house anyway (after her death).
My Mother has confirmed to myself and two brothers that she wants all of us to share equally in the house after she passes away. There is a clause in the life estate contract that allows my mother to add or change names on the deed. My brother did not know about this clause but I think the lawyer added it because he knew something sneaky was going on.
The problem is my brother has told my mother that if any changes are made to the deed he will commit suicide and it will be her fault! He told this to his 90 year old mother! Now my mother wants to leave everything "as is" so as not to cause him any stress. Myself and my two brothers know he will not commit suicide and he only is saying that to keep the house for himself after my mother passes away.
We are not supposed to know that he threatened suicide as my mother told us in confidence and does not want us to say anything. She wants all her sons to share equally in the house but she has been put in a terrible situation because she thinks her son might commit suicide if she makes any changes. My brothers and I can't confront my other brother because we would be breaking my mothers trust.
Does anyone have any advise on a way out of this situation so my mother's real wishes can be met. We feel like my mother and her three sons are being held hostage by this "wayward" brother.
