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    Sincerely76's Avatar
    Sincerely76 Posts: 1, Reputation: 1
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    #1

    Jun 26, 2012, 03:44 PM
    Do I have a case against my brother for my Mother's property?
    My mother passed away in November of lung cancer. She became ill in May 2010. It traveled to her brain in April 2011. I am adopted and my brother is biological, I am older. I live out of state (since age 18). My brother has always lived with her (he is 30). My Mom bought a house with cash (2007-from her Mom's property-157,000). She has said that she was going to split money between my brother and I, but decided instead to invest it into a home. The intentions were either my brother would buy my portion of the house out once he improved his credit or they would help me to pay my bills over the years. My brother states that Mom didn't have to pay anything during the four years they lived in the house together, but her checkbook says different. I see in some months where Mom gave him 600-700 dollars. In April 2011, my brother talked Mom into signing the house over to him (Warranty Deed) and her truck. Now, this is the same week that the doctor found cancer in her brain. I am not sure if she was on any medication at this time. My brother did not tell me until the week before she died. So I could not ask her about it. He said they did that in case she had to go into a nursing home. When Mom was placed on hospice, I left my job out of state and took care of her the last five weeks, so that they could work and I could spend time with her. The life insurance was initially to be split between us, but my brother signed his over to me a few weeks before she passed. This equaled 38,000. He also gave me the truck 5,000. He also said that he would take a loan out for 10,000 to make it a little bit more fair (he did not give me this and has no intentions of this). Even though I knew that it wasn't fair, I agreed to it. That was until he didn't stick to his end of it. I disagreed with all of this, but just wanted to keep the peace and be there for Mom. There is no written agreement anywhere for the 10,000 (he also said that he would only get that amount because he would have to pay it back times three). When I confronted him about this, he said that there was a will that left me even less than I received. She also had a retirement account that I never saw or asked about. Mom's intentions were for us to equally split everything, she has said this for years. They (my brother and his wife, as of July 2011) say that I am not entitled to as much because I wasn't around. I was around just not in state. Mom also said that she wanted to make sure that I had a house too. She kept saying she just wanted everything to be fair (prior to passing). I feel that my brother took advantage of her. I want to see if I have a case. As a single mom I do not want to waste the money that I do have on attorney fees if I have little chance of winning. Also, if there is a will wouldn't they need to file it? I don't think that is fair to hide it and use it to their advantage if I retain an attorney. I need to mention also that he is saying that debt collectors are coming after him for her debt (30,000) (I told him that I would gladly help pay anything, he says no-personally I don't believe he is paying). Thanks in advance.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jun 26, 2012, 04:00 PM
    He has to file the will in probate court, he can't take anything. Is there an executor; is he it? Any debt that the your mother had will come out of the estate and then the balance be divided as the will states. Did she have an attorney?

    You have to hire an attorney if you think there is anything underhanded.

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