beneficary breach of duty

[mau99]

What is the name of your state (only U.S. law)? Massachusetts

If an executor/fiduciary/caretaker/sole beneficiary breaches his duty as fiduciary and caretaker after the will is made and before the testator dies, is he still entitled to be the beneficiary?

[Dandy Don]

You would need to provide more of a description of what actually has happened here.

[anteater]

I don't see why not.

But, since you get "bogus advice" from so many here, I don't know why you are returning to ask.

[anteater]

Originally Posted by Dandy Don

You would need to provide more of a description of what actually has happened here.

You had to go ask that, didn't you?

OP apparently has been slam-dunked in court and is now clutching at straws.

[mau99]

[quote=Dandy Don;2399735]You would need to provide more of a
description of what actually has happened here

Mother's first will divided everything up between siblings, but also
gave 25K to my son, and her car to me.

My brother got her to change the will leaving my son out, and
giving everything to him, except the car to me.

After this, he and my sister siphoned all of her money, by paying
off a house of theirs. My brother totally controlled how my mother's
money was spent and she was not allowed to give us anything when
she always had in the past ( breach of fiduciary duty)

My brother took my mother from her home, locked her up in his
house; she got sick; he didn't get her medical care; (breach of caregiver duty)
called 911 to have her pronouced when he thought she passed, but she was
alive and they tried to revive her for 40 minutes, but she died.

In answer to the ER room drs questions; told him that she
had NOT been sick; said she was fine, and that she has a history
of stroke. My mother did NOT have a history of stroke.

So now only the house is left and my brother was left it in her last will, but
I am thinking that there has to be a law protecting testators from this
happening, otherwise there would be free reign for beneficiary/caregiver/
fiduciaries, to purposely cause elderly people's death, so they can get
what they know is coming to them faster.

[Dandy Don]

How unbelievably rude of you, anteater, to not offer the original poster any helpful advice--you just enjoy insulting people.

Did brother also have a power of attorney granted to him while she was still alive (to handle her finances for her) and/or conservatorship?

Is a breach of fiduciary lawsuit going on now or is it something you are just considering?

Is probate ongoing now or is it finished?

If probate is open now you should be contesting the will before probate is over.

If he had power of attorney and has not provided an accounting of how he spent the monies to prove that he used it for her care, then he needs to be charged with abuse of POA or elderly financial abuse.

[mau99]

Originally Posted by Dandy Don

How unbelievably rude of you, anteater, to not offer the original poster any helpful advice--you just enjoy insulting people

thank you.

Did brother also have a power of attorney granted to him while she was still alive (to handle her finances for her) and/or conservatorship? yes

Is a breach of fiduciary lawsuit going on now or is it something you are just considering?

It's something I am considering, if I can't tie it into contesting the will?

Is probate ongoing now or is it finished? it's ongoing

If probate is open now you should be contesting the will before probate is over. I am

If he had power of attorney and has not provided an accounting of how he spent the monies to prove that he used it for her care, then he needs to be charged with abuse of POA or elderly financial abuse.

How do I make this happen?

thank you!