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Discussion Starter #1
Here's the situation of someone I know...

Bob has one younger brother and 2 parents. The parents are alcoholics and general pricks, the brother is a greedy mooch so Bob doesn't have much to do with his immediate family except to help them out every once in a while. The father dies and leaves sizeable investment, $, and property to the mother and made Bob the executor of the will. The brother causes a huge hassle, tries to sue, get Bob arrested, etc. so Bob gives up the executorship and washes his hands of it. The brother starts to take advantage of the mother by selling her cars, her house, the property, all the possessions (antiques, civil and vietnam war things, anything of any value) and puts her in a rest home. Brother gets the mother to give him power of attorney, disown her other son Bob, and most likely change the will so that he gets everything. A few months later after he liquidates most of the stuff, the mother mysteriously kicks 20min after the brother drops her back off at the rest home. The brother doesn't inform anyone of her death (not even the sister, her other son, etc.) and decides not to hold a funeral for the mother.

What should Bob do? Back when the brother started selling things off he attempted to get social services to investigate the mother's sanity/lucidity of mind but since he was out of state and the brother got power of attorney, there wasn't much he could do. Now the mother's death is very questionable, he wasn't even informed, and the mother was almost surely pressured into taking Bob and everyone else off of it and leaving everything to the brother. Bob can't even make them have a real funeral and being able to prove that the brother has already liquidated tons of the estate is going to be difficult. The brother recently got divorced or is in the middle of his divorce (not sure of which) and his wife wants every penny as well.

So what options does Bob have to...
1) get the possessions and money that he rightfully deserves
2) make his brother pay, be held accountable, lose money, etc.
3) investigate the cause of his mother's death (couldn't get a request for medical examination/autopsy from out of state)

Bob is traveling there this week but probably missed the burial since he wasn't informed of his mother's death last week and will probably meet with a lawyer, but he doesn't have $20k to sink into a lawsuit to hold the parties accountable for their actions or seek justice. He doesn't really care about getting money but wants to contest the will b/c he knows the one way to hit back is to take money away from the brother and try to get some (if there is any left) for the rest of the family (the mother's elderly sisters who have lots of medical expenses and were also screwed by his brother). So does anyone have any ideas on what Bob can do either through legal means or just to get closure and pay back his brother?

Thanks.
 

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dmcgibbo said:
snip horrible story
three words: bob should flee.

terrible situation. will contests are never easy. bob should have an initial consulation with an experienced probate attorney in the state that mom passed away in - that shouldn't cost him anything, and could give him a better idea as to what he's in for, costs relative to size of the estate, etc.
 

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Discussion Starter #3
Mrs_Struth said:
three words: bob should flee.

terrible situation. will contests are never easy. bob should have an initial consulation with an experienced probate attorney in the state that mom passed away in - that shouldn't cost him anything, and could give him a better idea as to what he's in for, costs relative to size of the estate, etc.
i re-read my long babble and i probably got a few details wrong or didn't articulate things clearly - Bob isn't just interested in money for his family, he is interested in holding his brother accountable, securing money for his mother's sister's family who really needs it (the brother sold their property out from under them 2 yrs ago that was in their family for 50yrs), and because of the general principle of the whole situation. he is hurt that his mother basically disowned him and that he came from a family of selfish, greedy, alcoholics. plus he feels bad that his own kids missed out on any extended family as the in-law side was just as crazy. so any ideas besides just seeing a probate attorney or any interesting angles? there is a definite possibility that the grandmother was offed by the younger brother...
 

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dmcgibbo said:
i re-read my long babble and i probably got a few details wrong or didn't articulate things clearly - Bob isn't just interested in money for his family, he is interested in holding his brother accountable, securing money for his mother's sister's family who really needs it (the brother sold their property out from under them 2 yrs ago that was in their family for 50yrs), and because of the general principle of the whole situation. he is hurt that his mother basically disowned him and that he came from a family of selfish, greedy, alcoholics. plus he feels bad that his own kids missed out on any extended family as the in-law side was just as crazy. so any ideas besides just seeing a probate attorney or any interesting angles? there is a definite possibility that the grandmother was offed by the younger brother...


that is the down stream affect of contesting the will... if there was any impopriety... he should be held accountable
 
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