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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31525
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My brother took my father's original will. i was about to

Customer Question

my brother took my father's original will. i was about to have the locked changed to my Dad's house last Wed. He had been driving my father's car drunk. I have power of attorney and am named executor in the will. I have been doing a very responsible job. For the past twenty days (10 in hospital), i've been busy with my father. We took keys away from my father..and set them on a shelf. one time before my dad went into assisted living, he let my brother to drive, so he asked me where key was. I told him. But I only just realized he kept my father's car key. I rekeyed the car and took it out of there. My brother lives across the street from my father. I asked for key(s) back. He did not respond. So I didn't bolt the house because the rekeying effort took several hours. On the other hand, my brother is crazy and alcoholic. There is no low to which he won't go. Now he's taken the original will.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

If you have a POA for your father, and if he is incapacitated and unable to take care of his affairs on his own, you can demand that your brother return the will to you......and if he refuses, the POA would even allow you to sue to compel your brother to return the will via court order.

Hopefully, you informing your brother that you're going to take action IF he fails to return the will to you.

Expert:  Roger replied 1 year ago.

If not, then you may have no choice but to file a lawsuit to compel him to return the will.