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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
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Experience:  Wills, Trusts, Probate & other Estate Matters
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May 10, 2013 TMcJD answered an estate law question for me.

Resolved Question:

May 10, 2013 TMcJD answered an estate law question for me. TMcJD stated the fact my brother had convinced my mother to sign her property over to him would likely override any will she had, therefore I would probably not be able to convince a court that her will should be honored.

However, another fact has occurred to me. In 2012, I paid the property tax on the part of the property that the house was on. Also, in 2012, the basement flooded and my wife, my son, and I traveled 350 miles one way to move all the furniture from the basement, and also bought a dehumidifier for $350.00 to dry it out.

This seems to me that it should indicate that I had an ongoing interest in the property, and my brother and I had an ongoing agreement regarding the property.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :


Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.


JD 1992 :

Were you wanting to speak with TMcJD or just any expert in Estate Law that was available?

Customer:

TMcJD

JD 1992 :

I will send this to him.

Expert:  Thomas McJD replied 1 year ago.
Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

Unfortunately the information you have provided is not sufficient to establish any type of interest in the property. If the property was in your mother's name only, then it is part of her probate estate. If the will she has is not contested and defeated and that will leaves everything to your brother, then the property is his. He could not make an agreement with your during your mother's lifetime with regard to the property because he had no interest in it at that time.

The only thing you might be able to claim is that those are expenses for which you should be reimbursed from her estate as part of the probate administration process.

I'm sorry to be the bearer of bad news again, but the law just doesn't make these situations easy. As previously noted, her new will controls unless you can defeat that will by contesting it on the basis that she lacked testamentary capacity or that she was unduly influenced. Both arguments are difficult and not usually successful.
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6513
Experience: Wills, Trusts, Probate & other Estate Matters
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