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Mykiki123 Asked January 30, 2024

Can my brother keep all the money for a malpractice lawsuit? My mom died of wrongful death.

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!!!!!

AlvaDeer Jan 31, 2024
You also may want to google "wrongful death distributions by state"-- a good way to use your search engines to research for yourself how your own particular state pays out settlements after the death of the principal.

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.

LilyLavalle Jan 31, 2024
I am so sorry for the loss of your mom and the conflict in your family. It seems like it's at least worth looking into whether your mom was competent and in agreement with changing the will.

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AlvaDeer Jan 31, 2024
See an attorney.
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.

Geaton777 Jan 31, 2024
Take all your hard evidence of fraud, manipulation, etc., to an attorney (licensed in the last state where your Mom lived) who will assess whether you have a winnable case. If it goes to court and you lose, you will not only have to still pay your attorney but you may also have to pay the other party's legal bills.

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.

lealonnie1 Jan 30, 2024
My condolences on the loss of your mom.

strugglinson Jan 30, 2024
Contact an estate planning attorney. They could investigate if the will change was done properly/ legally or not.

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