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originallawyer
originallawyer, Attorney
Category: Estate Law
Satisfied Customers: 799
Experience:  8+ years of experience in writing wills and probating estates in a variety of ways.
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My brother put my mother in a nursing home. He hid the fact

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My brother put my mother in a nursing home. He hid the fact that he had the will and also did not share the info that there are other siblings. A Guardian and Conservator was court ordered. It took the Public Administrator 7 months to notify me (my brother did not turn over the will until just before I was located and notified). In the will I am appointed the personal representative any everything was to be divided equally. I now find out that the house was signed over to my brother. There is more to the story......I need to know is any part of the will still valid, i.e. contents of the house, lock box, bank accounts. My brother has already ransacked the house and took the valuable items. The sad part of this story is my mother is not dead.
Submitted: 3 months ago.
Category: Estate Law
Expert:  originallawyer replied 3 months ago.

Thanks for your question! I am working on your answer. This service is for information only. I cannot give you legal advice. Please stand by!

Expert:  originallawyer replied 3 months ago.

This is such a sad and strange situation. Yes, your mother's will is still valid and is valid until she writes a new one. You should sit down with an elder law attorney and lay out the entire case for them. It sounds like your brother is possibly acting in an illegal manner (encouraging your mother to do things under duress, etc), and you might have a case against him as such.

He could be ordered to return things if he removed them without her permission or knowledge. They don't cease being hers just because she doesn't live there. As for the house, it really depends on why the house was transferred into his name and whether or not she did so willingly. A person can give things away before they pass on, even if they were listed in the will. In most cases, then it's like the bequest never happened. A will only becomes a controlling document upon the death of the testator or will maker. Until then, it can be changed, and the property in the will given away before death.