Failure to produce will

[mtdoramike]

What is the name of your state? FLA.

My mother pasted away about a 3 weeks ago. About 2 months before she passed away, she informed me that she had made a will and that I was to be executor of the will. But shortly after she informed me of the will, she became very Ill and moved in with my brother and his wife, who cared for her for the last 3 weeks of her life. When my mother first became ill, she went to an attorney and had my brother made doablepower of attorney over her finances so that he could pay her bills ass needed.

Heres the RUB, I asked my brother after the funeral, where our mothers will was and he said he didn't know and hadn't seen a will. I explained to him that she had told me that she had made a will and put me as executor of the will and I was hoping to aviod a rowdy dow, and hoped that he would come forth with the will without me having to ask for it.

My brother then informed me that any will she would have had would have been void because of the agreement he had with her when she made him power of attorney. So as it stands now, she passed away without a will, but I feel that my brother found the will and either distroyed it or has it hid because he was jealous of the fact that she made me her Executor.

My question is: what are my options here if any?

Thanks
Mike

 

[hexeliebe]

When my mother first became ill, she went to an attorney and had my brother made doablepower of attorney over her finances so that he could pay her bills ass needed.

My brother then informed me that any will she would have had would have been void because of the agreement he had with her when she made him power of attorney.

Brother dear has either lied through his teeth or doesn't know his ass from his face. Any form of Power of Attorney dies with the issuer. Therefore, your brother has no more Power over anything.

My advice is to visit the attorney's office that produced the Power of Attorney and ask about the will. Also, visit or call the County Courthouse and ask if there is an entry in the Will Book for your mother's will. In will usually be found in the Recorder's office.

If neither of these produce the will, then proceed to visit another attorney and have your mother's estate probated intestate. Before you do anything however, make sure NO ONE removes anything from your mother's estate or bank accounts.

 

[Dandy Don]

Do you have any way to get access to the house to look through her personal papers to see if perhaps a will could be found? I do agree that he probably did destroy the will, but there is a chance that maybe he didn't if he is mentioned as a beneficiary who stands to financially benefit.

You need to be checking at the county courthouse to see if he has filed the will or not. If he hasn't, then YOU (or anyone) can file to be administrator of the estate or you can hire an attorney to do it if you wish.

The problem with the power of attorney is that he had access to the money before she died and he could have virtually cleaned it out if he wanted to, but let's hope that there is something left over to distribute. His comment about the will being void is INCORRECT and let's also hope that he didn't get her to sign a newer will that is more favorable to him. If that did happen, then you need to consider whether to contest it.

 

[mtdoramike]

There was a certain amount of money that was distributed before my mother passed away so there is only a limited amount left. I know there was a will because my wife typed it up for my mother several years ago. I was placed as beneficary of all the accounts and was supposed to split the estate 3 ways between us siblings.

Unfortunately, my brother had my mother sign papers from the bank while in the hospital pertaining to her bank accounts. It was my understanding at the time that these papers were needed to acknowledge his being made Power of Attorney in her behalf. It wasn't untill I took the death certificate to the bank that I found out the he was placed as co-owner of all her bank accounts and the bank wouldn't acknowledge me as beneficary because my brother was co-owner on her accounts.

Now, my brother is telling me, he will close the account and deal with it when he is ready and not until then. He also hasn't disposed of my mothers ashes like she had requested that be done in her will. I asked him when he was going to do this, and his reply was, I'll do it when I get good and ready and not until then. I know at the time the will was drafted that I was named executor of her will, and I'm curious what my leagal obligations are since I have asked for the will and he has refused to produce one.

The house was cleaned out and disposed of when my mother moved in with my brother, so he would be the only one to have access to her legal papers.

 

[Dandy Don]

Was an attorney used to help her draft the language of the will? Do you have any idea of who her witnesses might have been (friends or other relatives)?

It is possible that your brother might have abused his power of attorney, but you need to try as hard as you can to find anyone who will back up your testimony that there was an official will. And go down to the courthouse NOW to file to be administrator so YOU can get a fee for your services and start gaining legal access to claim the estate assets, or hire an attorney to serve as administrator. This could force him to produce the will if he knows where it is.

 

[mtdoramike]

My wife witnessed the will, because so typed it up for my mother. It was one of those do it yourself wills. The will was taken to our local bank to be notarized about 8-10 years ago. I'm not sure that my mother was even aware that she signed over her bank accounts to him when she was in the hospital. I failed to mention that 4 days before my mother passed away, my brother, who was put as the power of attorney goes out and uses my mothers funds and purchases a $12,000.00 boat.

Theres about $13,000.00 left in an account that is supposed to belong to me, but since my mother past away, it now has been turned over to him. He keeps telling me to trust him, but so far I have'nt seen anything to trust im for. I was not given any imput on her funeral arrangements. I was notified of when they were and where they were to be held and that was it.

I was trying to handle this without causing hard feelings, but when I questioned my brother about his spending money like the devil was on his ass, and I wanted to know where the will was at since he hasn't produced one or even mentioned one. He then not to politely told me to go F*** myself.

 

[Dandy Don]

Talk to a local probate attorney about your options. You need to at least fight to get his power of attorney revoked (the fact that he bought the boat before his mother died and didn't use the money for her personal needs could definitely be considered an abuse of the power of attorney). If it is reversed you could also possibly get a judgement against him to repay the $12,000 since he got it under false pretenses. Get an opinion from about 3-4 different attorneys if the first one you talk to won't take your case--this is a fairly simple case to win for you. And I'm just wondering--does this brother have any type of other criminal record (misdemeanors, etc.)?

If you do nothing you won't get anything from the estate. Also, if your mother was under medication that influenced her judgement where she wasn't able to make a good decision or even if the power of attorney signature does not really look like hers, it will make the brother even more suspicious and will be further grounds to rule in your favor.