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Fri Mar 30, 2018, 07:42 PM

My brother died a couple weeks ago. He had a girlfriend that was a controlling

bitch, she turned him against all his friends and family. My younger brother went to their house one day when his first daughter was born. The next day she calls my mother and tells her my brother John doesn't want him or his dam kids around any more, this was 20 plus years ago. I rarely visited my brother because of her but a little over a year ago she passes away, she was 12 years older than my brother. Since then I had become close to my brother again even though he was in a drunken state most of the time. His girlfriend had 7 children and none of them ever lived with them or was even close to my brother. He tells me a few days after his girlfriend died that her daughter hit him up for him to put her in his will. So anyway the months go by and my brother becomes ill and tells me he cut the daughter off she was hitting him up for money constantly. He said he quit answering the phone and the door when she came. Then he starts telling me he had to get in touch with a lawyer to make a will and get things set up. We discussed who should be the executer and he said he was going to make me beneficiary. So he keeps putting things off and while I am on vacation he comes down with a stroke and was never able to do a will. I fly back home and a few days latter after he was sent to a nursing home I walk in the room and there is the daughter with a big grin saying John made a will and gave everything to me. I find out he did make the will just after his girlfriend of 54 years died and was drinking a fifth of whiskey every day. The last 5 months of his life I had sent him to the ER 4 times and he was admitted to the hospital 2 times. I took him to I don't know how many doctors appointments and bought him groceries and I had only met this women one time at her mothers funeral over a year ago. it appears she now has an estate of around $400000 and I get nothing. I have done some reading on this and in the case of a fraudulent will it is almost impossible to beat and cost a fortune.

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Reply My brother died a couple weeks ago. He had a girlfriend that was a controlling (Original post)
doc03 Mar 30 OP
MaryMagdaline Mar 30 #1
The Velveteen Ocelot Mar 30 #2
elleng Mar 30 #6
lunasun Mar 30 #3
elleng Mar 30 #4
doc03 Mar 30 #8
gopiscrap Mar 30 #5
Sherman A1 Mar 30 #7
dawg day Mar 30 #9
msongs Mar 30 #10
Jarqui Mar 30 #11
KT2000 Mar 30 #12

Response to doc03 (Original post)

Fri Mar 30, 2018, 07:45 PM

1. It's worth seeing a lawyer in your state

What have you hit to lose?

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Response to doc03 (Original post)

Fri Mar 30, 2018, 07:45 PM

2. Don't give up until you've talked to a lawyer.

This might be a provable undue influence case. It depend on specific state law, but taking advantage of an impaired person to get them to change their will can be undue influence - depending on what can be proved. But check it out before you give up.

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Response to The Velveteen Ocelot (Reply #2)

Fri Mar 30, 2018, 07:51 PM

6. Ditto

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Response to doc03 (Original post)

Fri Mar 30, 2018, 07:48 PM

3. Just be glad he did not owe you anything or try to borrow.. whoever the excecutor is should take $$

Out for death expenses . They scammed him don't let them push anything on family

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Response to doc03 (Original post)

Fri Mar 30, 2018, 07:50 PM

4. Very sorry to hear this.

It IS possible, and may or not may 'cost a fortune,' tho I don't want to challenge research you've done; is largely dependent on location/jurisdiction, as well as reliability of witnesses who may be available, and quality of available counsel.

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Response to elleng (Reply #4)

Fri Mar 30, 2018, 08:36 PM

8. The problem is I have zero witnesses he was a recluse and had no contact with

family other than myself his only brother. Ten days in the hospital he had no visitors other that myself and the thief.
I mean she just came out mocking me when he was on his death bed about him giving everything to her. Makes you think some people just need killing. I have never come by anything easy my entire life and have done well at least I can say I did the best I could.

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Response to doc03 (Original post)

Fri Mar 30, 2018, 07:51 PM

5. that's fucked up

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Response to doc03 (Original post)

Fri Mar 30, 2018, 07:52 PM

7. From what I have seen and heard of in family history

I made sure that I was written out of my Momís will and have with my wife worked to be written out of her Momís estate. We want nothing of the inheritance in either case. It simply isnít in our consideration to be worth the potential ill feelings that are created when the time comes. Money simply isnít everything or in the end really anything.

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Response to doc03 (Original post)

Fri Mar 30, 2018, 08:46 PM

9. Something similar happened to a friend of mine-

My friend's father had a girlfriend like that, very difficult. He was getting senile, and she moved her kids into his house while he was in the hospital. When he got out, she got him to change his will, leaving everything to her.
He was so scared of her and her kids, he called my friend and asked to be taken out. So she ended up living in the house with her kids, and no one knew about the changed will until he died and she showed up with it. He hadn't seen her for months at that point, but he was so confused in the months before his death, he didn't even remember about the will.

So she ended up with everything and promptly gave most of it to her kids, while my friend ended up with nothing and had to drop out of college. But the will was "solid', so no reason to waste money suing, as with you.

Just rotten- really, the people who take advantage of elderly people... there ought to be a hell.

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Response to dawg day (Reply #9)

Fri Mar 30, 2018, 08:51 PM

10. you started out with nothing and will end up with nothing. no change. maybe just move on nt

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Response to doc03 (Original post)

Fri Mar 30, 2018, 09:06 PM

11. I'm not sure of your jurisdiction but the burden of proof

to prove he had the capacity to make the will is usually on the estate.

You have a drinking issue and an emotional issue to question his thinking/capacity.
Also look over the will to see if it is technically correct.

Even if you do not have the greatest case, you might get a settlement.

You'll get nothing if you do nothing.

If you're going to do something, do it now before she makes the money disappear. You can usually freeze the estate with a simple claim. But do not fiddle around or she'll make it hard for you to recover the dough. Don't let on what you are doing either.

You just have to be careful you do not get stuck with the big legal costs should it go to court.

Ask a lawyer about the above

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Response to doc03 (Original post)

Fri Mar 30, 2018, 09:14 PM

12. It's a bitter pill

when something like this happens. My cousin put off making a will until it was too late. Her estate, about what your brother's was, went to someone who had no contact for over 30 years. I can't begin to tell you the scam she has pulled on welfare her whole life.

Anyway - I hope you can look into this. Otherwise, do what I do - say to yourself - don't think about it every time it pops into your head. Don't let it eat you up.

Make a will everybody. You can even do it yourself.

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