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Brother giving me a hard time about probate

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tonysgrl48

Junior Member
What is the name of your state? Florida
My father just passed away June 23rd, '05. My girlfriend and I went to see my father for father's day. That night was the begining of the end. Gonna try and make a very hard, and, long story short. The next day, I went to check on my father and he wan't doing well. I made him give me his doctors number. I called told them he was having chest pain. I got him over there real quick. The next thing I knew was, we were wheeling him to the ER. Three days later, I lost my bestfriend I had in the world. My father.He was in the process of getting a will together. He just never could bring himself to write it out. While he was in the hospital, he asked me to fill it out for him because he knew I would do the right thing. He asked me to do that in the presence of two of my friends. Another friend of mine ended up coming up to the hospital and, along with my two other friends, signed the will in front of my father. One of them is a notary. The only thing was, was that he did not have his stamp with him, so, he notorized it when I brought the will back home. My brother was there at my fathers house when I typed out the will. He approved it with no problem. He was however upset that I was including our older sister who we have not heard from in about seventeen years. I left her a dollar, and split everything down the middle with my brother except for the savings account that my name, along with my father's name was on for the last 11 years. It was not part of the Estate. I have paid all of my father's bill and am continuing to do so untill the house is sold, which in my brother's eyes is not happening fast enough. I have received harrassing email from him, threatening to go to the State Attorney's Office to file criminal charges against me for "forgeing" my father's will. There were two things that my father asked me to do: One of which was to fill out the will, and, the other was to take care of his cat. I am honoring my father's wishes. In my eyes, I do not feel that I have done anything wrong. My brother has only mentioned of how he needs to pay off credit cards, and to open a college fund for his daughter. Probate is wrapping up and I have to go and pay the Attorney. I never mentioned anything about how the will was written to him. Does my brother have a case against me even though he was there and agreed to what the will said when the will was typed up? Should I discuss this with my probate attorney and if so what do I tell him? I have lost so much sleep over this matter. I am not allowed to talk to my nephew or my neice because I will not give my brother anything out of the savings account. I am, and, have been the only one taking care of my father's house and all of his bills. I think I have covered everything. Please help me. Thank You
 


Dandy Don

Senior Member
Did your father sign the will?

What is the value of his estate, not including the savings account?

How much money was in the savings account?

Brother would have no legal grounds against you for anything, since you apparently have done nothing to be worried about. He is just greedy, and obviously his feelings are hurt because he expected to receive some monies from the savings account. He obviously doesn't understand the concept of right of survivorship or naming beneficiaries to an account.

Give him $100, $500, $1,000, or something just to keep peace in the family (and send along a nice note saying it is merely a gift).

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)
 

lwpat

Senior Member
Your father's bills and any bills relating to the house should come out of the proceeds of the estate before you split it with your brother.
 

tranquility

Senior Member
There seem there are some issues related to the will here. More facts would be needed to assess the validity. But you did not ask about that. I don't see anything related to fraud here--assuming your facts to be true.

However, there may be an unlicensed practice of law issue. I don't have any experience or criteria on how states decide to charge for this, but it is an issue. The will was not holographic. You were not just a scriviner, but you advised on the law (by adding sister for a dollar). If you were an attorney, you could not do the work in your circumstance because of the ethics involved (at least in CA) as you were a named beneficiary.

I like Dandy Don's idea, feed the brother a bone and hope no one else has a problem with things. Nothing good is going to happen with a fight.
 

tonysgrl48

Junior Member
lwpat said:
Your father's bills and any bills relating to the house should come out of the proceeds of the estate before you split it with your brother.
Thank you for your reply. I understand that. I have the house on the market, and I guess it's not selling fast enough for my brother. It's been hard enough dealing with the death of my father. I just don't understand why the threatening emails, and why he would want to prolong the probate by possibly contesting the will when he himself was there and saw it written out and gave his ok.
 

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