I live in Austin, Texas. My mother has a "friend" who is a lawyer in Houston. My mother hated this lawyer she knew from childhood, until she needed a free-lawyer.
My mother has written in her will that the lawyer is to be the first one in the house after she dies. My mother has had numerous strokes, and over the years has been mentally ill. My brother and I are wondering if it is ethical for a lawyer to be the one to go into the house and inventory the belongings. 1. I don't think she will have time to do such; 2. she lives in Houston, which will be a long trip for her to make to take inventory; and 3. what will keep her from taking what little she can find to compensate herself?
My mother doesn't have much of value. But what little she does have would be family heirlooms many people have been asking about. Mother has taken things and kept things over the years that actually belong to others.
I am worried that the home will be held in some legal state which keeps my brother and I from getting our few belonging out of the house. Mother has in her mind that she can leave the house to our other brother, who is in prison for sexual assault on a minor. There are children living in the surrounding houses, and she lives down the street from a public school. Children are always walking past the house before and after school! Our brother has HIV/AIDS and I don't want to risk anything happening to any child.
What legal recourse do we have, if anything? I have no problem with my prisoner brother getting money out of the house in trust. But - I don't think the lawyer should be the administrator. My mother has many cousins, 2 children, a 23 year old grandson, and others who could be the administrator.What is the name of your state?
My mother has written in her will that the lawyer is to be the first one in the house after she dies. My mother has had numerous strokes, and over the years has been mentally ill. My brother and I are wondering if it is ethical for a lawyer to be the one to go into the house and inventory the belongings. 1. I don't think she will have time to do such; 2. she lives in Houston, which will be a long trip for her to make to take inventory; and 3. what will keep her from taking what little she can find to compensate herself?
My mother doesn't have much of value. But what little she does have would be family heirlooms many people have been asking about. Mother has taken things and kept things over the years that actually belong to others.
I am worried that the home will be held in some legal state which keeps my brother and I from getting our few belonging out of the house. Mother has in her mind that she can leave the house to our other brother, who is in prison for sexual assault on a minor. There are children living in the surrounding houses, and she lives down the street from a public school. Children are always walking past the house before and after school! Our brother has HIV/AIDS and I don't want to risk anything happening to any child.
What legal recourse do we have, if anything? I have no problem with my prisoner brother getting money out of the house in trust. But - I don't think the lawyer should be the administrator. My mother has many cousins, 2 children, a 23 year old grandson, and others who could be the administrator.What is the name of your state?