Last will and testament

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Rob Taggs

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Lansing , Kansas
I have no experience with wills whatsoever and I need some advice/help. My brother is the executor of my mom's will and he is not a very trustworthy guy. He has access to all her money etc... My mother is due to pass away at anytime and I'm afraid that my brother will do something like not letting my sister and I see the will and it's contents so he benefits 100%.

I could care less about any money but, I just don't want my brother to benefit from my mom's death illegally. Once my mom passes on according to Kansas law my brother has to file the will at the court house. Will a copy of the will be sent to me by the court house? Just scared of a legal jam my brother may get my sister and I in due to his greed.

Mom does live with my brother and his family and has hospice visiting on a daily basis. Brother showed his true concern for my mom in her state by going on a hunting trip to Denver, Colorado.

Any help would be greatly appreciated.
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Quote:

Contact a lawyer immediately.

Click to expand...


I agree, it can be complex and it's different for every state. Get it under control before any bad deeds are done. It's lot easier to keep the horse in the barn that it is to go find it after it gets out.
 
Quote:

Contact a lawyer immediately.

Click to expand...


I agree; although I hate to see any family go through this.

Right now, as executor of the will; he can't "touch" her money..so to speak..until she has passed. And even then her wishes must be followed. (Have to get a lawyer to read the will anyway I think??)

But, if he has power of attorney, that's a different story. They make choices for them while they are living. I wouldn't think that includes modification of the will, however.

Just my basic observations having gone through this recently
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Have a little chat with your brother. Let him know in a friendly way that you are involved and you will see that the will is executed as written. Usually that's all it takes. If he's a crook, shoot him. I mean hand him your lawyer's card.
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I'll bet the money is already gone. Not too difficult to steel the money "legally".

I was the sole heir for my mom. All the accounts were "joint". That has very obvious consequences when she dies. Like..the accounts are his.
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He might have to pay taxes on half. You will need to run a trace on all accounts under her SS#. Not sure of the mechanics to do that though.

Lawyer up dude.
 
Al is correct, even without 'power of attorney', it's easy for a shady character to make funds vanish before your eyes.
If your brother can get mom to sign a check, he's already got a chunk of her dough.
 
Get a lawyer before it is to late. Money can change people and not for the better. I wish I had when my Mom died but money was the last thing I thought of then. HR
 
I'm taking advise and getting a lawyer involved. Only thing I want is mom's wishes to be done as she says. Mom already told me that brother gets everything but, I want to see this for my own eyes (Read or hear reading of the will). Knowing my mom, she did leave my brother everything and I have no problem with that. Brother is just a very shady, greedy person.

I don't want my sister to get messed over by my brother if she is entitled to anything. Brother is on mom's bank accounts, I used to be. Brother makes a very good living as a Floor covering sub contractor, some days he pulls in as much as $800.00. Figure he paid for his week long hunt in Denver by tapping into mom's money.

Kinda of waiting afterwards to get letters in the mail from IRS and such claiming I owe for money I did not get.

Tried to get a copy of my father's will because mom would never let me see it but, the court house said "NO". Did finally get a copy mom had lying around. Mom took the money left to us kids for herself and that was done legally with the stipulations in dad's will.

Just very worried that if something is left by chance to either my sister and or me that my brother will just prevent us from having a copy of the will and down the road I will get letters saying so and so wants tax money.

Guess if worse comes to worse that I might be able to have a lawyer send a letter to force my brother to let us see the will. I'm going monday to consult a lawyer because this thing is keeping me up late at night.
 
I'm sorry things are the way they are. I truly wish you good luck and just remember when "bad seed" are sown, the harvest is predictable. Sometimes it just takes a while.
 
I'm sorry that your family is that way.

These things do seem to bring out the worst in people.

Best luck.
 
Makes me quite thankful that I was an only child. It's truly something I can't understand never having to compete for resources or attention. I never formed the love:loathe relationship with a sibling.
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I was the executor of my mother's will. She left just about everything to my sister's and brother.

They didn't complain about my administration of her wishes. I gave each a copy of her will. It helps that I have wonderful sisters.

I know of brothers and sisters who never speak due to these matters.
 
Quote:

I have no experience with wills whatsoever and I need some advice/help. My brother is the executor of my mom's will and he is not a very trustworthy guy. He has access to all her money etc... My mother is due to pass away at anytime and I'm afraid that my brother will do something like not letting my sister and I see the will and it's contents so he benefits 100%.

Click to expand...


Consult with a lawyer licensed to practice in your state.

Your brother can be easily made to produce the will. The matters you would want to discuss with your lawyer include, but are not limited to, the following: whether or not the will is legally valid; whether or not you may elect against the will and claim an intestate share; whether or not your brother legally qualifies as an executor; whether or not legally qualified, your mother's choice of your brother as executor may be legally challenged; issues of undue influence in preparation of the will and possibly the power of attorney. A practitioner in your state will likely have other ideas as well.

Good luck to you.
 
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