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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2983
Experience:  Litigation Attorney with education focus on estate planning and tax
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My mother passed away in February 2015. My father died in

Customer Question

My mother passed away in February 2015. My father died in 1987. I am an only child and so is my daughter. Before her death, my 40 year old daughter was my mother's companion, driving short notice from Arkansas to Tennessee when hospital care was necessary. There were care givers living with my mother and many beloved relatives live very near. My daughter played the "I'm the one you can depend on and my mother who lives 1200 miles away, working 5 to 6 days a week" role. I was not privy of the will contents and as probable demise grew near, I was informed by my daughter that I had no input as to arrangements and that she was in charge. I flew home the day before her death, since we were denied a room in my mother's home, My husband and I returned to Texas the following day, the day she failed to recover from terminal coma. Since my daughter was named executrix and exempted from bond, inventory and accountability by terms by a recently codicil/s hand written clusters of bequeathing her a car and jewelry and 1/2 of of an estate represented to be over $1.0 million. I have no doubt this was my mother's message to me as a result of a 30 year past divorce of what was deemed as the perfect 8 year marriage and moving away from "home" instead of remaining nearby for unwelcome advice and meddling. OK. I accept her decision.
I was not allowed to visit my mother's home for the post funeral family reception and was denied a room the night before due to my son in law, mother in law, two grand children and my daughter's crowded conditions.
Since that time, my draughter has forged her grandmothers signature on her checking account and credit card without any contact with either institution, spending money on questionable charges. She hired a probate atty who advised the current locks placed on the to be sold house was advised by he and no further contact. I have also a local atty there. I am so annoyed with this whole thing. My husband, a former career police officer, retired military odfficer and current federal contractor, has advised her challenge and withdrawal with accountability previously exempted at the risk of omission due to any a "a no challenge" clause. Cruises, remodeled home, a new car traded for the week after death with a codiciled personal vehicle, a depleted checking account by $30,000 later my atty has filed w the court challenging the validity of two codicils due to form. My husband advises, besides, removal and accountability, filing criminal charges or at least the leverage of such actions. My atty is not the least bit keen on the idea though experienced in probate law. No assets besides what she took and/or gave away unilaterally, has occurred as far as I know. There is a substantial $ investment portfolio that she has access to since previous court challenges were ignored.
Sorry for the verbosity. I a not that concerned for the $, but I am livid. I haven't even been allowed to enter my childhood mome ADVICE?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 2 years ago.

So what is your questions? What was your attorneys opinion regarding the codicils? Where they in fact improperly drafted? Do you think there was any undue influence involved? Was your mother fully competent when the codicils were drafted? Is it possible that checking account was a joint account with your daughter or have you seen the checks and your daughter forged your mothers signature? We're you named in the will? If so, how?

Expert:  Christopher B, Esq replied 2 years ago.

I see you have reviewed my answer, do you have any further questions? If not, please positively rate my answer if satisfied.