My brother is suing me

Anonymous 1

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Our father died way in 2012 and my brother,his wife and daughter were very upset about the will. My father left everything to my mother. This should not have come as a surprise. They were married for over 60 years. They were having a hard time with money and was counting on the inheritance to bring them out of the red. After they found out they were getting squat we never heard from them again.
My mom spent the rest of her years living it up.She sold their house,moved into a retirement community and proceeded to have a blast. She traveled anywhere she wanted anytime she wanted. Eventually she got cancer and passed away about 18 months ago. I sent his family notification of her death through certified mail to their last known address. It was signed by my brother but we never heard anything from them.
In April my mother received an invitation to my niece's college graduation at my home. I just wrote on the envelope deceased return to sender. A couple of weeks later I received a court summons. My brother and his daughter are suing ME for half of the value of my parent's estate at the time of my father's and mishandling of my mother's will. Meaning that I spent or used her estate over the years. I just turned the entire mess over to my mother's lawyer. You know the person who actually handled her estate and probate of the will. I am in turn suing him for attorney's fees and loss wages. Court is at 10 am. I'm wondering how that is going to turn out
caustib
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Good luck. I hate that money can tear up a family. I'm sorry your brother acted and continues to act in this way.
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mcginnisc
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Ugh.. death brings out the ugly in people.
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carterscutie85
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I have recently seen how death and inheritance can tear up a family. So ridiculous.
Anonymous 1

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carterscutie85 wrote: Thu May 23, 2019 9:25 am I have recently seen how death and inheritance can tear up a family. So ridiculous.
I just dont understand how they thought they were entitled to everything my mom and dad worked for and I certainly dont understand how any of this invovles me. By the time mom got through living her life she may have had 10,000 to her name.
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Good luck!
My parents recently redid their will to be very very specific to what will happen with their estate.
They set it up so me and my sister will not even be able to raise an arguement about it all.
Hope you win. Hope your brother is doing better as well.
Msprekteacher
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Sounds like something my MIL might try...she has been estranged from
Her mother for decades. Her brother cared for their Mom for years until her death. At the funeral home my MIL says loudly “I want to know what he is going to do with her house”.

Needless to say grandma made no provisions for my MIL or the kids but uncle gave everyone of the lids and his sister a portion—and he absolutely didn’t have to...
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MonarchMom
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He may not know that an attorney is the executor on the estate. That is not always the case, and there is not always a valid Will. If the Will was probated, your brother should have received official notification at the time, since he is a direct descendent. If the attorney did so, there should be no problem with her estate.

Sounds like you did the right thing by giving the attorney the papers from you bother. I would keep a copy of all correspondence, as there could be a civil suit separate from the probate court.

Generally the first thing a judge does is determine if there is enough left in the estate to pay court and legal fees if you both proceed. If not, your brother may choose to let it go. Also, most courts ask both sides to enter into binding arbitration to settle things before an expensive court process.

I hope all goes well and this is behind you soon. It is very common to have these conflicts as most families do have open and clear communication of their finances and estate plans.
Anonymous 1

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Msprekteacher wrote: Thu May 23, 2019 9:55 am Sounds like something my MIL might try...she has been estranged from
Her mother for decades. Her brother cared for their Mom for years until her death. At the funeral home my MIL says loudly “I want to know what he is going to do with her house”.

Needless to say grandma made no provisions for my MIL or the kids but uncle gave everyone of the lids and his sister a portion—and he absolutely didn’t have to...
Well thats great of your Uncle he did that....But Im not giving anyone money based on an imaginary amount thats in their thread.
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Anonymous 1 wrote: Thu May 23, 2019 9:41 am
carterscutie85 wrote: Thu May 23, 2019 9:25 am I have recently seen how death and inheritance can tear up a family. So ridiculous.
I just dont understand how they thought they were entitled to everything my mom and dad worked for and I certainly dont understand how any of this invovles me. By the time mom got through living her life she may have had 10,000 to her name.
That's crazy of them. But good for your mom!!!!! It makes me happy that she seemed to be able to enjoy her final years as she pleased. You can't take it with you when you die. My dad and mom plan on putting some into the bank for me my bro and our families but the rest they are blowing on vacations with all of us, and without us and whatever else they want. I know I'm getting one of the 3 houses they own and bro is getting the other one and the one they live in now will eventually be sold and my dad wants to buy a houseboat and live on the water
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