Dad leaving it all to one son

[BarbL219]

What is the name of your state? New York (Brooklyn) My dad has a large sum of money in a muni-bond account. He is 91 yrs. old. I have care for him physically for last eight years, mentally he is sharp as can be. The money was in my dad's name in trust for my brother and myself. Recently my brother asked that i sign off the money, as well as himself, claiming that i have two children on my car insurance (ages 21 and 24) and that if they got into an accident all the money would be gone if i got sued. So I agreed to take myself off. Recently i found out my brother went back to the bank with my dad and my dad took his own name off and left it all solely to my brother. My dad assures me that my brother will share it with me upon his death. I have never gotten along with my brother.My dad trusts him implicitly because recently he has helped with my his care. I know for a fact that there is a chance my brother has brainwashed my dad into believing i can be sued. My brother has no wife, no children. I am on the acccount as beneficiary, in the event of my brother's death it would go to me. I've given up so much to care for my dad and can't believe he would do this to me. Is there anything i can do about this. Do you think it is fair? All my life my I have been a good daughter to my parent (my mom is past) My brother was mentally unstable in many ways. My dad even knows that but since he is there changing his diapers (cannot walk) my dad has come to believe that I may jeopardize their money. My children are adults who are responsible. Please help!!! Barb

 

[BelizeBreeze]

Help with what? You are presumably an adult. You signed a legal document and as an adult, are responsible for the results.

From your post, there is nothing to base a civil suit on.

 

[earlofcrankcase]

I know it feels petty to discuss your mistrust of your brother with your father. But thankfully he is still alive. You should speek with your father more about this. The idea of not having all the eggs in one basket makes for a better argument. I'm guessing your brother is around 60 if your father is 91. He is becoming more likly to ball one up & your kids less as time passes.
If your youngest is twenty one they are the ones that would be getting sued not you.
I'm just a guy looking for advice here too so. Read it how you want.
In Texas it is the driver not the owner that gets hanged.
If your children are both over 21 they should be driving their own vehicles anyway.
Maybe you should use this as a way to get them a little closer to the edge of the nest before you give em the o'l elbow.
I'm a big fan of procrastinating. That's why I'm here. Don't wait to long on this or the kids.

Good luck with the talk.

 

[Some Random Guy]

Act now!

Get your kids off of your insurance, and go to your father about getting your name back on the money. Then you will find out how crooked your brother is.

 

[earlofcrankcase]

Agreed. Better to know now while pops is still around.
Listen to your gut!

 

[lwpat]

The money is probably already gone.

 

[earlofcrankcase]

Way to go lwpat. That was a lot of help.

 

[pojo2]

Way to go lwpat. That was a lot of help.

Unlike your posts right?

 

[BelizeBreeze]

Way to go lwpat. That was a lot of help.

And how do you intend for this poster to undo something he has no legal rights over?

If the father has already signed away his rights to the monies, then he also has no legal rights in this matter. There is nothing in this post to demonstrate that pops was of diminished mental capacity nor anything to demonstrate that the poster was.

The recipient of the moneis could be a legal idiot who craps his pants and it makes no legal difference.

So, way to go grease monkey.

 

[BlondiePB]

And how do you intend for this poster to undo something he has no legal rights over?

If the father has already signed away his rights to the monies, then he also has no legal rights in this matter. There is nothing in this post to demonstrate that pops was of diminished mental capacity nor anything to demonstrate that the poster was.

The recipient of the moneis could be a legal idiot who craps his pants and it makes no legal difference.

So, way to go grease monkey.

Imagine having this grease monkey, who pours concrete for a living, making decisions.

 

[BelizeBreeze]

Imagine having this grease monkey, who pours concrete for a living, making decisions.

and LEGAL ones to boot

 

[Dandy Don]

Brother's explanation/reason for wanting you to sign off was not believable and your first mistake was going ahead and signing off. Now you need to consult a probate attorney or business law attorney to get a cancellation/revocation done for whatever document you signed and to also straighten out the rest of this mess and so your attorney can explain to your crooked brother that you are not as stupid as he thinks you are.

Does brother have a power of attorney signed by father to handle father's financial affairs or is father handling his own financial matters?

Your attorney will need to check with the muni-bond company to see if the beneficiary change was done with or without a power of attorney. If it was done WITH a poa, that may be illegal and your attorney may need to threaten brother with legal charges of abuse of POA if he doesn't change the beneficiaries back to the way they were before.

You need to strongly explain to your father that the only way to protect your interests is to put BOTH names as beneficiaries so that brother will not be in the position of keeping ALL of the money and you should offer to drive father to

Does your father have a last will and testament or a trust drawn up to distribute his assets?

DANDY DON IN OKLAHOMA ([email protected])

 

[BlondiePB]

Brother's explanation/reason for wanting you to sign off was not believable and your first mistake was going ahead and signing off. Now you need to consult a probate attorney or business law attorney to get a cancellation/revocation done for whatever document you signed and to also straighten out the rest of this mess and so your attorney can explain to your crooked brother that you are not as stupid as he thinks you are.

Does brother have a power of attorney signed by father to handle father's financial affairs or is father handling his own financial matters?

Your attorney will need to check with the muni-bond company to see if the beneficiary change was done with or without a power of attorney. If it was done WITH a poa, that may be illegal and your attorney may need to threaten brother with legal charges of abuse of POA if he doesn't change the beneficiaries back to the way they were before.

You need to strongly explain to your father that the only way to protect your interests is to put BOTH names as beneficiaries so that brother will not be in the position of keeping ALL of the money and you should offer to drive father to

Does your father have a last will and testament or a trust drawn up to distribute his assets?

DANDY DON IN OKLAHOMA ([email protected])

There are two competent people here: the OP and the OP's father.

Originally Posted by BarbL219

I have care for him physically for last eight years, mentally he is sharp as can be.

 

[BlondiePB]

and LEGAL ones to boot

Yeah, and imagine him having to make an instant life/death medical decision.

Hope your recovery is coming along and is a speedy one, BB. Watch out for Scruffy jumping on the bed.

 

[ageil39581]

executor of estate Florida

what are my rights as to getting all documents concerning the sale of the estate of my late father?the executer claims to have sold the property and according to the Hillsborough county florida property appraisers website she is still listed as owner.
it was sold on 6-2-06 according to her.i sent her a registered letter requesting the paperwork and the only response i got is a voicemail stating that she has no paperwork concerning the sale of the property.if she sold the estate i know that she would leave a paper trail a mile long.and the supposed buyers have used phony mailing addresses.i think that she's committing some type of fraud.waiting until everyone cashes their checks and then she will sell the house.