Only Heir, No Assets, Siblings Demanding Will

[PegD]

What is the name of your state?What is the name of your state? Oregon

Here's my strange dilemma:

Six years ago, my husband and I moved my mother to our town at her request, covering all expenses of the move. We bought a house for her to live in, renting it to her for half the mortgage price. We covered all taxes, repairs, etc. Our hope was to provide her a nice place to live. She had no assets at that time and little money, only her pension and SS payments. We also provided most of the furniture and bought new appliances for her use. She bought few things that could be considered assets, mostly clothes, books and food. She did buy a computer that she asked that I give to a friend of hers prior to her death (I did).

At the beginning of the year my mother's doctor recommended she go under hospice care for her advanced COPD. By April the social worker and nurse urged her to move into a foster care situation which could provide additional care for her. We found an excellent place for her to go. In order for the state to cover this, I set up a Income Cap Trust Account, had her checks transferred there and helped her relocate.

Her biggest concern was that her other children (my brother and sister) might interfere with her last wishes (simple cremation, no memorial service) and so, at her request I set up a simple will naming me as executor and sole beneficiary. She also set me up to be her power of attorney and her "living will" spokesperson. Since she has no assets other than what I named, this wasn't a concern for me. And sure enough though my brother refused to come down one last time at her request, he spoke up quick enough when she died. As did my sister who lives in the same town.

Now here's my problem. I simply don't want to deal with them anymore. The foster care people who witnessed, the social worker who notarized the will can all attest that she was under no "undue influence." She has no assets (the state required her bank account be closed immediately), and yet my brother is now asking to "see the will." I suspect that both he and my sister believe that they can somehow get money from the sale of the house my husband and I bought and rented to her.

Here are my questions:

Am I under a legal obligation to give them a copy of the will?

If she had no open bank account at the time of her death, no assets listed in her name (no car, stocks, etc) but did have some clothes, used books, and scattered items of little worth, am I required to do anything? In other words, do I need to account for those items of clothing, paperbacks, etc?

She had no assets but they could (god knows why) try to "contest" the will--would that cost me anything?

Any useful feedback would be greatly appreciated.

 

[I AM ALWAYS LIABLE]

What is the name of your state?What is the name of your state? Oregon

Here's my strange dilemma:

Six years ago, my husband and I moved my mother to our town at her request, covering all expenses of the move. We bought a house for her to live in, renting it to her for half the mortgage price. We covered all taxes, repairs, etc. Our hope was to provide her a nice place to live. She had no assets at that time and little money, only her pension and SS payments. We also provided most of the furniture and bought new appliances for her use. She bought few things that could be considered assets, mostly clothes, books and food. She did buy a computer that she asked that I give to a friend of hers prior to her death (I did).

At the beginning of the year my mother's doctor recommended she go under hospice care for her advanced COPD. By April the social worker and nurse urged her to move into a foster care situation which could provide additional care for her. We found an excellent place for her to go. In order for the state to cover this, I set up a Income Cap Trust Account, had her checks transferred there and helped her relocate.

Her biggest concern was that her other children (my brother and sister) might interfere with her last wishes (simple cremation, no memorial service) and so, at her request I set up a simple will naming me as executor and sole beneficiary. She also set me up to be her power of attorney and her "living will" spokesperson. Since she has no assets other than what I named, this wasn't a concern for me. And sure enough though my brother refused to come down one last time at her request, he spoke up quick enough when she died. As did my sister who lives in the same town.

Now here's my problem. I simply don't want to deal with them anymore. The foster care people who witnessed, the social worker who notarized the will can all attest that she was under no "undue influence." She has no assets (the state required her bank account be closed immediately), and yet my brother is now asking to "see the will." I suspect that both he and my sister believe that they can somehow get money from the sale of the house my husband and I bought and rented to her.

Here are my questions:

Am I under a legal obligation to give them a copy of the will?

If she had no open bank account at the time of her death, no assets listed in her name (no car, stocks, etc) but did have some clothes, used books, and scattered items of little worth, am I required to do anything? In other words, do I need to account for those items of clothing, paperbacks, etc?

She had no assets but they could (god knows why) try to "contest" the will--would that cost me anything?

Any useful feedback would be greatly appreciated.

My response:

What are you trying to hide? If the house is in your name, and always had been, then let them fight over the books, clothes, and other trinkets.

IAAL

 

[PegD]

Matter of convenience

Thanks for your response.

Well, it's not a matter of anything to hide. I guess I'm trying to protect myself emotionally. I'd rather not deal with the emotional fallout when they find out I'm the sole beneficiary. Which is why I asked the first question, Am I legally bound to show them the will?

And as far as the junk left in the house, first I'd have to let them in the house and just dealing with them at all is more trouble than you would believe. I'm not dealing with normal, rational people here. My brother sent me a couple of emails and when my husband read them his only comment (besides a look of shock) was, "Your brother's insane."

So, I'm trying to find out how I can best not deal with them. It's kind of like opening your door to wild beasts and saying, "And the deal is, you take the cookies and leave, right?" and then being surprised when they rip you to pieces.

 

[I AM ALWAYS LIABLE]

Thanks for your response.

Well, it's not a matter of anything to hide. I guess I'm trying to protect myself emotionally. I'd rather not deal with the emotional fallout when they find out I'm the sole beneficiary. Which is why I asked the first question, Am I legally bound to show them the will?

And as far as the junk left in the house, first I'd have to let them in the house and just dealing with them at all is more trouble than you would believe. I'm not dealing with normal, rational people here. My brother sent me a couple of emails and when my husband read them his only comment (besides a look of shock) was, "Your brother's insane."

So, I'm trying to find out how I can best not deal with them. It's kind of like opening your door to wild beasts and saying, "And the deal is, you take the cookies and leave, right?" and then being surprised when they rip you to pieces.

My response:

First of all, until a court orders you to, there is NO LAW that says you MUST give them a copy of the Will. Any one of your siblings can begin the Probate process if they want to spend the money. Then, that person can obtain an Order that you turn over the Will.

Until that happens, if that happens, then "shine them on." Stop replying to them. Let them spend their own money on an attorney to figure out what they need to do. It's not your business what they do, or how they go about it.

If you're thinking about "undue influence", well, that's a mighty expensive allegation to prove - - and for what? A few trinkets? The house, itself, was never a part of the Estate because it was always in your name.

So, let your siblings spend their money to "chase the shadow."

IAAL

 

[PegD]

Thanks!

Thanks very much, I really appreciate the feedback. That's exactly what I needed to know. You have no idea how helpful you've been.

THANKS!