Contested will/quit claim deed

[pagerqueen]

I Live in RI. My mother, who lived in MA died 9/98. At the time of her death I had a problem with the IRS so she left everything to my sister on paper, but my sister was supposed to divide the estate following my mother's death, in a manner that would help me clear up the IRS issue and still have substantial funds remaining for my use and that of my four children. Her will specifically stated that I was excluded. I did not contest because at the time I felt I could trust my sister. Now, two years later she hasn't given me a dime. Also, my mother's name appears as a joint tenant on the deed to my house. Does this mean my sister is now a partial owner of my home? If so, what can I do about that and can I possibly go after her in a civil suit to collect the procedes I was promised. I have many witnesses who would testify that they were aware of my mother's wishes. Any help you could offer would be greatly appreciated. Thank you.

 

[ALawyer]

First the good news, if you and your mother were joint tenants with right of survivorship, at your mother's death you as the survivor take her interest by operation of law. It's yours (and perhaps the IRS's).

As far as the Will goes, my guess is that your mother's directions in the Will were followed, and the time to object to the Will has long passed and in any event a will contest would have been futile absent fraud or incompetence. She left everything to your sister.

While it could be claimed your sister took a portion of the property in trust for you, 99.99% of the time those arguments fail as that's what everyone would claim. Moral persuasion with your sister, such as having others tell her what it was your mother said she wanted done, probably would be far more effective and less expensive than litigation.

But hey, get a MA lawyer to assist you if you think you want to spend your money to prove a point.

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[This message has been edited by ALawyer (edited October 26, 2000).]