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    Bother manipulating 90 year old mom to steal everyone's inheritance.

    Asked May 16, 2007, 06:46 PM 2 Answers
    I am the youngest of eight kids. My parents made up their wills in 1999 after my father discovered he had cancer. He passed on in 2004. Their wills were written to put the home into a special needs trust for my mentally challenged brother so he could live there the rest of his life. My oldest brother agreed to after he would retire to move in and take care of the parents and my brother. For this the will was written giving him 50% of the family home and 1/7th of the cash after the passing of my mother and brother.

    His wife moved in from Ohio to Pennsylvania in 2000. My brother retired and moved here in 2002. A year after my father's death, my brother starting complaining to my mother how she should appreciate all they do. Last December he had my 89 year old mother sign the home over to him which broke the Trust it was in for my brother. The rest of the family is very upset over this. Since he lives in a mobile home right behind my mother's he is brian washing her everyday on how much they do and that the rest of the family doesn't care about her. OH, the reason they stay in the trailer is because my sister-in-law is getting $25,000 a year from a State agency for taking care of my challenged brother. If they move into the house they lose the $25,000. He has been turning my mother against all the rest of the family. He is also in charge of the money and will not tell any of us what is in the accounts. He is planning on taking all the money that was to be split between the other brothers and sisters. The worse thing is him turning our mother against the rest of us.

    Is there anything we can do?

    Thank you
    Dane from PA

    Last edited by Dane7781; May 17, 2007 at 06:46 AM.
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    wynelle's Avatar
    wynelle Posts: 184, Reputation: 21
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    #2

    May 16, 2007, 09:11 PM
    There is a big difference in a will and a trust. If your father's will placed things in a trust for your brother, your mother can't just change the trust, unless she also and independently is a trustee. You can contact an attorney and see if there can be an investigation for "undue influence." And double check if your mother has the ability to break the trust. It may be that she can't and your brother is just running the show within the confines of the trust

    Who was the executor of your father's will, and who is the trustee for the established trust?

    But a question-- how many of the other brothers and sisters live near your Mom? How many are helping this 90 year old woman with her "specially challenged" adult son?

    My grandmother was elderly, grumpy, and having short-term memory problems. She preferred that my older cousin do everything to help her. My brother and I had no cause to complain when he inherited more than his fair share of her estate. He deserved it for putting up with her for so long. Perhaps your older brother deserves the same consideration for taking care of your mother and brother.
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    Fr_Chuck's Avatar
    Fr_Chuck Posts: 75,733, Reputation: 7219
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    #3

    May 16, 2007, 09:15 PM


    So all of the brothers and sisters put money in together and hire an attorney to see what can be done, to check the property transfer to see if it was legal, and to see if perhaps a guardian can be named over the mother.

    As for the fraud of the state, he now owns the house, so it really does not matter if they live in it or not, it is their main home, report them to the state.

    But remember if you lose, the court fight, expect the mother to for sure take everyone else out of will.
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