My brother is greedy I just found out his sister in law went last year and had my mom change her will taken me out of it and making my brother full executive and his daughter also if anything was to happen to him. She did not even mention I was even born! I know she was manipulated also! He also got attorney for malpractice out of Chicago area because the hospital is 100% responsible can I be left out of that law suit ? And how to i prove she was manipulated into redoing her well? He has the money and I don’t! And obviously it’s not enough he wants my mom’s property! Should I even trust him ! He is a liar! She just died last month on New Year’s Eve I feel if I tried to over ride the will I would loose money talks and they are good manipulators! Very good! Or should I just let it go! I mean obviously my mom didn’t love me right? I feel like the ending of mommy dearest I’ve been just disinherited from the will for reasons I know why! What reasons!!!!!
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It varies according to state but is divided. The only way for brother to get all of it is to claim there were not other siblings.
Again, if this is a large settlement I highly recommend legal representation for you in this matter.
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Bring your proof.
Do know that you are not a part of any lawsuit. The lawsuit will have been brought by your mother or by her estate in her name, and will be managed by her POA while living and her Executor when dead. Then, any amount won in a lawsuit will go to her estate to be divided as she directed while still living when making out her will.
If you believe your brother abused your mother and caused her to change her will while she was ALREADY judged INCOMPETENT under the law BY TWO DOCTORS, then you may have a case.
Discuss with a Trust and Estate Attorney if this is an estate of any great amount. If not, he will be uninterested in bringing forth any legal actions without compensation from you.
Fights over wills can be long, ongoing, difficult to PROVE and very costly. All things to be considered.
I'm so sorry for the loss of your Mom and now this. May you gain clarity, wisdom and peace in your heart as you grieve.