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RoHoBrown Asked January 2015

Brother wants Mom's house, will I have to fight him in court?

Mom just died. Brother wants house. He was excluded in will, named not to receive. My situation is not typical. I met my blood mother in 95. She lives in WA and I in CO. I called and wrote over the years. She had my older brother living with her since his childhood. He has never worked and is now 60. She complained to me of all the things he had done to her over the years, all the stealing, lying, alcholoism ect. When she was in a home after hip surgery 3 yrs ago, my brother emptied her safe, around 100,000 in jewelry and cash. I told her to call the cops and get a restraining order. She didn't want him to go to jail. When I called at Christmas, my Brother answered the phone, and told me she had died on the 11th. She was already cremated He said...the caregiver had stolen 50,000 since she died. The care facility (when she broke her hip) had stolen 300,000. I told him the police should have been called. He gave me an excuse. He said there is nothing left. He wants the house. My mother had warned me to stay away from this blood brother. I have never talked with him, till now. My Mother sent me the will 3 yrs ago. She specifically exclude him and left me as sole heir as executor. I am guessing he moved money so he can hire a lawyer to fight for the house. He went drunk to the mortuary right after her death, and told them he had no siblings paid for the cremation. His POA expired the day she passed.. Waiting to talk to the attorney who did the will, and also did the POA. I am disabled with lung problems and will probably need surgery before traveling to WA, to do the directives my Mothers wishes. My Mother also specifically excluded my blood sister, they hadn't spoken in 20 years. I asked my Sister to help as she lives 6 hours from WA. Need advice on the right thing to do with all this.

notrydoyoda Jan 2015
I don't understand a parent writing a child out of the will, but then making them POA. Why in the world? To late to ask that now, but that is a mystery to me. I hope you win your inheritance of the house.

sherry1anne Jan 2015
Report your suspicions to the local DAs office.

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RoHoBrown Jan 2015
Thank you for your response. The lawyer who wrote the will knows well how my mother felt. The house is worth about 400,000 and I have a feeling my brother has drained all property and cash from any of her accounts already. I am hoping my attorney will turn over any fraud to the district attorney. My brother will take money he stole from my mother to hire the attorney to fight me. He has no income most of the days of his entire life other than what he got from my mother. He needs to learn consequences.

Litldogtoo Jan 2015
Attorney, ASAP. Usually, the will is the last word. Your mother's wishes need to be honored.

You can also expect some arguments and hopefully this 'brother' of yours isn't hot headed. If the house doesn't mean much to you, sometimes it's best to just let it go given the state of what's going on in the news. It seems life doesn't matter anymore. And if he's desperate, it may not be worth it to 'win'.

pamstegma Jan 2015
You need to see an attorney and have the Will probated in Washington. ASAP
If there is another Will, this could get sticky. What is most important now is who the Executor is. If it is you, plan on heading to WA.

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