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Attorney says he knows what Mom wanted

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flyingeagle

Junior Member
What is the name of your state (only U.S. law)? PA

My Dad died years ago, and Mom last February. My younger brother has been estranged from me for years but he is the executor. Mom had given my wife Jewelry when my daughter was born 18 yrs ago. It looked like we were the only ones that would have grandchildren. My brother just notified us that the Jewelry was not a gift. He said there was transfer but not intent. I said it is not in the will. He then sent me a note from the Lawyer that drafted the will saying the Jewelry is supposed to be divided evenly. The note is scribbled, not in Mom's hand writing, not signed and dated 2 months prior to when the will was written.

No where in the will does it itemize the Jewelry. If Mom did tell the lawyer it was to be divided why didn't the lawyer put it in the Will? Will a Judge even listen to a Lawyer that says he was told something but failed to write it in the will? This lawyer was a friend of my brothers so I am wondering if something else is going on. The note was dated 10 years after Mom already gave us the stuff so not sure what it really is worth.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? PA

My Dad died years ago, and Mom last February. My younger brother has been estranged from me for years but he is the executor. Mom had given my wife Jewelry when my daughter was born 18 yrs ago. It looked like we were the only ones that would have grandchildren. My brother just notified us that the Jewelry was not a gift. He said there was transfer but not intent. I said it is not in the will. He then sent me a note from the Lawyer that drafted the will saying the Jewelry is supposed to be divided evenly. The note is scribbled, not in Mom's hand writing, not signed and dated 2 months prior to when the will was written.

No where in the will does it itemize the Jewelry. If Mom did tell the lawyer it was to be divided why didn't the lawyer put it in the Will? Will a Judge even listen to a Lawyer that says he was told something but failed to write it in the will? This lawyer was a friend of my brothers so I am wondering if something else is going on. The note was dated 10 years after Mom already gave us the stuff so not sure what it really is worth.
Tell Bro and his attorney to pound sand.
 

anteater

Senior Member
Uh... Three months ago, the sister was the personal representative of the estate and she was talking about suing a brother over return of some antiques to the estate.

https://forum.freeadvice.com/probate-personal-representatives-114/inventory-list-478939.html

Now the brother is the personal representative and is trying to get you to return jewelry to the estate. What the heck is this - some game of musical chairs?

Other than that, what Zig said:
Tell Bro and his attorney to pound sand.
 

Zigner

Senior Member, Non-Attorney
Uh... Three months ago, the sister was the personal representative of the estate and she was talking about suing a brother over return of some antiques to the estate.

https://forum.freeadvice.com/probate-personal-representatives-114/inventory-list-478939.html

Now the brother is the personal representative and is trying to get you to return jewelry to the estate. What the heck is this - some game of musical chairs?
Gawd - I HATE when that happens :mad:
 

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