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Older brother set this up with my elderly father to take all after my twin brothers death left me with nothing. What recourse and options do I hav

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Shadowbunny

Queen of the Not-Rights
Hello Taxing Matters,

Thank you for your time and comments. You say the will is valid assuming it meet PA requirements. I was not mentioned in the will at all. There is something seriously wrong with that. Also, the notary and first witness is the same person and she passed away in August 2020. I can not read the second witness’s name. How can I feel this will is valid on my end when I can not speak to the witnesses or the notary?

This is a one piece of paper will.

Will of (Father/Name)

I, (Father Name)), a resident of the State of Pennsylvania, Delaware County, declare that this is my will. My residuary estate is all property I own at my death that does not pass under a specific bequest. I leave all my residuary estate, my financial assets, stocks, bonds, bank accounts and any liquid funds to my son (Older Brother’s Name). My watch should go to my grandson since his name is on it.

I name (Older Brother’s Name) to serve as executor of my estate. I, (Father’s Name), the testator, sign my name to this document, this 11th day of November 2019.

Signature: (Father’s name)

To the best of our knowledge, the testator is legally empowered to make a will, is of sound mind and is under no constraint or undue influence. We declare that the foregoing is true and correct this 11 day of November 2019.

First Witness

Signature of the first witness is the commonwealth of Pennsylvania Notary Seal who died in August 2020

The second witness I can not read the cursive handwriting of the name.

It has a Notary seal stamp and says the commission expires July 16, 2023 and the commission number.

I am interested what you said about leaving me to pursue the will contest to get the will tossed. Do I have grounds that the will was improperly executed? I do not have proof on my father’s incompetence. I typed up the will for your to read and its strange and not write that I was not mentioned, and nothing was expressed about me not getting anything.

I am meeting with my attorney on Thursday and will show him this draft here I typed down below to send to my older brother’s attorney.

(Dear Older Brother Name),

I realize this situation. Your attempt to steal all my dead twin brother’s money. You are living in his house as we speak. Spending his money and going against in what you know his wishes would be. You know he would have wanted us to split the money down the middle. That is just the way (Twin Brother’s Name) was. Honest, caring, and just. I cannot say the same for you. You took advantage of him when he was alive, borrowing money often from him and never paying him back. And, now after his death, your intent in finishing the job and in taking all his money. I could not imagine what kind of man would do such thing....
You seem to not understand that your deceased brother's money ceased to exist the minute he died. So your older brother is not, by ANY stretch of the imagination, attempting to "steal" all of your dead brother's money. Nor his house. Because everything your brother left when he passed went to your Dad.

And if you actually hope for a settlement, that letter you propose writing is not the way to get it. It's churlish and most likely to reduce your chances of getting a dime to zero.
 



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