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Can we sue brother for inheritence we didn't get?

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M

mrftg

Guest
We live in New York State. My father passed away last month. Mother died previous. He was suffering from a serious lung disease which ultimately caused his death. In his will, (which has not yet gone to probate)which was prepared by his attorney 2 years ago (and witnessed), he left my brother all of his estate. He included the language that he intentionally makes no provision for me and my other brother. No explanation. The brother that received all the money (approximately $500,000) also had Power of Attorney and was the Executor. Dad gave him most of the money about a year and a half ago as a gift, including proceeds from a home they sold. He gave it to him, brother didn't withdraw it with the POA. Now the estate at the time of death is only about $18,000. Is there any chance that my brother and I can claim either fraud or undue influence, since the brother that got the money was always around my father helping him out. He certainly had access to him more than we did. Can we recover the money he gave my brother two years ago? Is this a case that can be taken on contingency, or would we have to pay up front?
 


ALawyer

Senior Member
IF your father gave your brother the money, and was mentally competent, and left things to him in the Will, and there was no fraud or mistake or Alzheimers, you'd likely have a hard time proving "undue influence" as UNDUE means undue, not you'd have preferred it differently. And if there was a lawyer involved, it is likely to be harder to show lack of care or improper influence.

As to whether a competent lawyer might take it on a contingency, I sure wouldn't have based on the facts you've given thus far. But some lawyers are hungry and may.
 

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