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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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After a, ugly battle over my deceased mother's estate, who

Customer Question

After a long, ugly battle over my deceased mother's estate, who appointed my brother and I as her co-trustees, I paid him from a handwritten tally of the monthly bills owed on her house (still 3 years later). I believed my Mom, knowing my brother and I have NEVER been amicable as he was EXTREMELY abusive to me throughout our childhood and into our adulthood. (He's 5 years older.) I chose to let him "call the shots" believing I could trust he would honor our mother's dying wishes. He stole $100's of $1000's of dollars, including a raw approximately 5 to 6 karat diamond found in her safety deposit box. Because I worked in jewelry for 3 years, I discussed with my brother that until we get to the diamond and have it appraised, it wouldn't be wise to keep it in our homes. We both agreed to have the bank draw up a contract that neither of us could enter the lock box without the other. Months later, according to my brother who had ALL contact and access to my mother's checking, banking, and safety deposit box, phoned me to tell me that particular branch was closing. He said he felt we should just keep it at the same bank, only move the box to the nearest branch. The bank employees were obviously expecting us as it seemed the entire staff was waiting at the door. One employee grabbed the safety deposit box to go put it up. (They just handed us the old box from the former branch.) The bank had already printed everything off to sign, took copies of our I.D.'s, and I left believing everything, ESPECIALLY the contract made up by former employee Mary Mayer, was all in place. After 3 years of paying on an empty house, I began to speak up. Then attorneys got involved. When they went through the safety deposit box, they identified 2 rings I'd never seen before, some coins, and paperwork. When I asked him what they said about the diamond, the attorney's response to me was, "What diamond." After going on years of paying out money to my brother with out one single official bill to prove what I was paying out to be accurate, I realized through the legal system that the contract over the diamond was not "flagged" and did not transfer to the other location. I did locate Mary Mayer and found it she clearly remembered filling out the contract because it was unusual. Not only that, but after the safety box was at the newest location, my brother had visited it twice. October 2013, and another date I do not recall.
To my absolute dismay, he won on the fact my former attorney did not get the answer in that my brother was moving to have me removed. He lied on the stand claiming there were no other valuables unaccounted for. I learned later my father of 26 years bought her several pieces, and my Mom's cousins both said she inherited a large amount of valuable jewelry from their Aunt.
I now have no money, but there are two things he was court ordered to do, in which his attorney proclaimed, "Oh, yeah! We'll have that to you in 2 weeks." This was after the judge gave my brother 30 days to show an accounting of the estate, and split our 8 shares of gold mine deeds located in Leadville, CO.
The gold mine deeds are split between my mother's 3 cousins, her sister, and my brother and I. Their have been mining companies wanting to discuss opening back up the mines, because they were producing at 33% when Roosevelt shut them down. That's an entire family waiting on one man to accomplish a court order in October. He has all the family photos, he has everything. When my mother died, I had gone through a double mastectomy, and was just out of my first breast reconstructive surgery right before her health began to fail, and had my last surgery 2 weeks after she died. I was in no condition to every believe my brother would do what he has done.
Between trying to hold to what I thought was my mother's hopes for my brother and I, and my recoveries, I foolishly let him handle EVERYTHING, instead of hiring someone to show me what moves to make.
I would now like to take him to court for contempt, and possibly subpeona witnesses that were unknown at the time. What should I do to find someway to put my dear mother's death, and the disintegration of her family upon her death, finalized and behind me.
Thank You Gratefully For Help,
"Beth" MacDonald
Submitted: 1 year ago.
Category: Estate Law
Expert:  Damien Bosco replied 1 year ago.

Hello. How are you? I have a question for you. What was the advice for the next step that your formal attorney has given you?

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