Criminal Law Questions? Ask a Criminal Lawyer.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing Criminal law for 19+ years and look forward to assisting you. I am so sorry for your pain and loss.Actually, you do need to spell out your legal question, I am afraid. What is the specific legal question you want answered? Are you asking how best to ensure you receive whatever you may be entitled to of your mother's estate?
Yes, I don't know if there is something I can do about the unfair way I am being treated over the estate. Also, I am very unsettled over the lack of investigation into the deaths.
I don't know why my s-in-law still has a right to live in mom's house,or a right to one third assets. Also, I believe strongly (as do all of mom's friends),that my brother assisted my mother to die that night, and that my s-in-law is at least partially responsible for my brother's death. Think John Belushi and XXXXX XXXXX. I can't prove she handed my brother the morphine, but I can prove how strongly insistent she was that he take it,and how aware she was that he was already impaired. The police are also responsible for not taking appropriate action, as they were told that he was threatening to kill everyone in the house, and that he was drunk and out of control.They made the one sober person leave. They wanted a simple solution ,and refused to even listen to the facts.
Unusual situation. My Mother and brother died last Nov. Again, I am so very sorry!
My mother had terminal cancer. My brother and sister-in- law lived with her for several years. My mother complained constantly to others that they completely lived off her all those years. It is unfortunate that she permitted them to do so.
They also were drug addicts and alcoholics who constantly fought. They eventually completely took over my mom's home,controlling even who could visit. I was not welcome,even though my mom made it clear that I WAS. This is not unusual when those that intervene in her living situation do so for their own gain - they don't want anyone else interfering with their gluttony and freeloading.
I came down for my mom's last days at her request. I was constantly around drug use and alcoholic abusive behavior.On the last night of their lives,my brother had been drinking,and smoking pot all day. He was constantly telling me he wanted mom to hurry up and die(to be cruel to me) and because in his opinion she was suffering. My brother called hospice to come out that night.I have been a nurse for 30 years. When the hopice nurse showed up, we found too many drug patches on my mom. I wonder then if you could (if you wanted) have a wrongful death claim against the brother's estate and the SIL for killing your mother, if in fact you can prove that those patches likely killed her.
The nurse and I told my brother that she did not need those drug patches. But more importantly, did those patches fatally overdose her.
Later, my brother demanded I leave immmediately,because I had tried to go over his authority over mom's care. I started a tape recording at that point. A violent fight broke out between my brother and sister-in-law. My sistes-in-law kept telling my brother he was way to drunk and out of controll. She yelled at him over and over to take some of mom's tranquilizers and shut up. My brother threatened to kill everyone in the house.I sent my child next door for safety, Thank goodness, he/she does not need to witness this poor behavior on the part of the adult relatives.
and they called the police.When the police arrived, my b& s,told the police it was their house, and I was causing the trouble. The police asked me to leave. I told them i had a tape recording of what really happened.They were not interested. Lazy perhaps.
A few hours later everyone was dead in the house except my sister-in-law. The police never held any investigation. How do you know this? Have you seen all police documents? Even a visual investigation? I told them again, I have a tape recording. Again they were not interested. You may want to bring that (or a copy of that) to your District Attorney, who can charge someone with something, should he/she find that there is sufficient evidence.
The autopsies showed mom died of cancer( they never investigated that the amt. of drugs in her system was way over what is necessary). Remember though, it could be that it was more than necessary but a fatal dose.
My brother was deamed an `accidental' overdose of morphine with alcohol and other substances. My s-in-law moved on to a new boyfriend 3 months later,and still is in mom's house. Why are you allowing her to remain?
I am banned from ever going in mom's house again By whom? Who owns this house?
(because I called the police that night) I am told that i can have anything my sis-in-law does not want. Who told you this? Your SIL? She is not an heir of your mother's unless your mother expressly put her in the will - which would be unusual. You will want to investigate that.
I will get a third of monetary assets. Why do you say that? Do you have a copy of the will?
My s-in-law being a third. Really? I am surprised if your mother put her in the will. Most parents do not put the in-laws in the will, due to the propensity for divorce.
My brother that died was the executor of the will. OK, so there is no executor unless your mother named a "contingent" executor? Can you read the will and determine that?
My other brother accused me of being the reason for autopsies, and the reason I am not allowed assets until everyone else chooses what they want, and why i can't go in mom's house. OH, so it sounds like your other brother is manipulating here. Unless the WILL states that, that is NOT how it works.
Only my mom's friends have wanted to listen to the tape recording of their last hours. The tape starts before things got violent,through the police arrival, me being told to leave,until I was well on the hwy out of town.(I forgot that it was on) I promise there are no actions on my part that would be questionable. These are different issues - the deaths and if they are actionable, and your rights under the will.
People that heard it say, I did all the right things. I am sure you did your best, yes.
I don't think i really need to spell out why i need help. There are too many issues. What can legal assistance do for me?
...Yes, I don't know if there is something I can do about the unfair way I am being treated over the estate. Yes, first, if no one has probated the WILL, you should likely go to your probate court (in your mom's county) and petition to be the "executor" of the estate. That gives you legal power to collect the assets and evict any tenants who no longer have a valid leasese to live there. If there was no written lease, typically the SIL would be on a verbal "month to month" lease. As such, 30 days notice to leave, and if she does not (and you must follow the notice requirments of your State, to a T), you can then evict her and sue for damages (such as the fair market value of the rent she did not pay after she overstayed. Once you get your letters testamentary as the Executor, you can use them to get the bank to release funds. You must protect them in a separate "estate" bank account. You must pay just debts of the estate. The net estate is then distributed as per the Will. Now, your brother and mother died close in time - it is possible or likely that her will had a clause in it that if a beneficiary does not survive her by X days, that beneficiary will be treated as if he did not survive her. As such, the will would likely then decide: does HIS share pass through him to his lineal descendents (his kids), or does it lapse and remain in the estate to be shared by the remaining beneficiaries. (IF your mom's will has the estate split amongst her 3 children...) It is likely then that the state is split either 2 or 3 ways, but you have to read it to know what it says. If you have trouble getting this done, I would suggest hiring an estate attorney who won't be intimidated by your unethical sibling and SIL. But you want to move fast because the longer you wait, the more likely the assets are being stolen by your brother and SIL. And while you can sue them for such damages, who wants to go to that trouble - best to PREVENT it to begin with.
Also, I am very unsettled over the lack of investigation into the deaths.You need to push the DA and/or file your own wrongful death action. Filing suit allows you to subpoena records, police repeorts, etc.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.
My second brother is the next executor of the will. He is controlling everything,and I don't know how to fight him. He has banded with the sil against me. He refuses to listen to the tape, and chooses to believe my actions caused mom to have an autopsy-causing months long delay in settling the estate. Do I have reasonable cause to fight the executor-my brother?
Thank you for your follow up.
My second brother is the next executor of the will. OK, and he applied and received court permission to be that? He is controlling everything,and I don't know how to fight him. He has banded with the sil against me. He refuses to listen to the tape, and chooses to believe my actions caused mom to have an autopsy-causing months long delay in settling the estate. Do I have reasonable cause to fight the executor-my brother? He is legally obligated, if he is the appointed executor BY the estate, to follow the will to the T. If you haven't seen the will, you can go to the court where he filed and see it there. You will then know if he is complying or not. If not, you can demand an accounting of all that is in the estate and if he won't give it to you, you can petition the court to force the accounting or have him removed if he is unable to perform his job duties. His duty is to properl protect that estate, which means ensuring that income earning assets DO earn income for instance, the house needs to be rented, not sit fallow not earning what it is worth. That rent is then owned by the estate. Do not have it rented for fair market value, he is wasting this estate asset and can be held liable for that loss/damage personally.
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