95 yr old mother and problems

[hazelnut]

What is the name of your state (only U.S. law)? florida
My mother is 95 and is still pondering over her will and how to put the division of assets on paper. This stall tactic has gone on for nearly 3 years now that she's been in my immediate care. I am the middle of 3 and the only girl. My oldest brother has been literally supported by her out of guilt she felt from years of my father's neglect..she says...but my brother is not eligible for SS since he's never worked for anyone else and has spent millions of her money on daily living expenses..that include law suits...once she does pass I'm afraid he'll become desperate and with the money that she does leave him he'll file suits against my other brother and myself for things he thinks we either benefited from or took directly from her and now owe the estate. She has agreed to sign a document that would make any such legal action against either my brother or I result in his receiving nothing. So this is my question...how should a document like this be structured???

 

[anteater]

... and has spent millions of her money on daily living expenses...

Millions? Really?

If your mother is serious about making a will, then she should contact an attorney.

Otherwise, let her live out her remaining years in peace. You and your brother will have plenty of time to pull out the knives after she has passed.

Your "document" will be worthless.

 

[curb1]

Contact that attorney today before the closing of work hours. If you can get this straight now (before death) you will save a lot of saber rattling after death. If you are talking about large sums as you indicated, do it correctly (immediately). Be careful not to use undue influence by pressuring mother to make certain decisions that benefit you and little brother.

 

[anteater]

Given the wording and tone, I doubt that the OP will be able to keep her fingerprints off any will created.

Besides, Florida is one of the few states that simply says that "no contest" clauses are unenforceable.

732.517 Penalty clause for contest.—A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable.