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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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My mother excluded me from her trust and left everything to

Customer Question

My mother excluded me from her trust and left everything to my younger brother. I want to find out if I can take control or split the estate. My brother is a full blown alcoholic. And I want to know if I can make a case? My brother gets the house and we will split the contents of what is in the house. Mom died 11/1/15 and I have to deal with a real live drunk. This is all new to me. He is pretty hard to deal with. My wife is helping out. But dealing with this type of person is extremely difficult and dangerous. I will understand if you can't help us. Being it Saturday night I know you might not get back to me maybe till Monday. Thank you, *****
Submitted: 1 year ago.
Category: Estate Law
Expert:  Roger replied 1 year ago.
Hi Rob - my name is ***** ***** I'll be glad to assist. If your mother excluded you from her trust, and if your mother is deceased, there's no real way to challenge the trust or her decision to exclude you as a beneficiary because she has the legal right to do so. The only exception would be if you could prove that she excluded you against her will or that she was forced or defrauded into excluding you.