What rights do the heirs (me,my sister, and my brother) have?

Question

this is rather long but I really need some advise, best answer gets 10points!!:)

Ok, my dad died 3 years ago, and in his will he stated he wanted my mom to live "comfortbly" and at her death everything to be split equally between my siblings and myself, since then my mom has wrote 5 wills,cutting out my brother completly, and leaving my cousin a significnt amount of money, she has also named her executor of the will and power of attorney over her living will,she has put her on her checkbook as well,

I feel as though she has taken advantage of my mother, but my mother cannot see that any time I bring it up she says "oh shed never take advantage of me shes a good person",

I dont really know what to do other than to talk to an attorney, so please if any one has some experience with this I would really appreciate it.

my mother is very moody, when she gets mad at one of us she threatens to cut us out of the will,
She is still living and I am going to contnue to talk to her.

I know its going to be a mess when she dies my cousin is throwing it up in my sisters face that she has control and theres nothin g that we can do about it, shes a greedy little u know what :I she left her mother who broke her leg in two places and her dad who is in a wheel chair and has had his leg amputated , just to come and see my mom @ Christmas time she lives about 10 hours away,please help me

Answer 1

Only thing is your mother can leave in her will who she wants to and she can leave out anyone she wants to. An attorney would know better but it is her will.Contesting can be a long drawn out thing.My mom works with attorneys and she told me and my sister to never fight over what she will leave us.

Answer 2

Well from what I have experienced, after a person dies they no longer have control over what happens even if its stated in a will. A will can be contested by biological and adopted kids. Your mother needs to see an attorney on your behalf unless you are a legal adult (over 18 ). Sounds like this woman has only her best interest at heart here. Good luck to you.

Answer 3

I'm not an attorney, so first off, and to give you more peace of mind, be sure to talk to one you trust. I had some experience with that type of mother also, who when any little thing did not go her way threatened to cut out me, or one of my other two sisters. ( Turns out we all got equal shares of everything) Are you sure your dad's will stated what you say? ( You can check that out at the courthouse.) It can skew things if they had a trust or agreed that on your Mom's ( or last survivor's death ) things would get divided differently. ( I know in one case, each side the family can get half of what is left from the last survivor.) But if like you say, he left everything to her, it is her choice now. She can do whatever. I think what she is doing is working you all ! Older people are notorious for that. Gives her more CONTROL and HELP For one thing, it is strange, she would reveal her will, who she is cutting out etc. now. She wouldn't have to, if she wanted to be in harmony with you all before she passes, right ? Looks like she enjoys the rift of family, and what you do about it might be what she is "enjoying" to see and hear, and she will benefit the most right now, because all of you will want to do all you can to help her. (Not that some of you wouldn't want to do that anyway ) I would just do what you can to help her, and don't let on it bothers you what she says she will do. You will be able to live guilt free afterward, no matter what you get from her. She, the survivor, can now leave to who she wants. No one is Mom's "heirs" unless she makes them so. In Pa. (check on this in your state....an executor must do all things according to the will and the law) or they can be sued by family. Also, if you see any abuse in her spending mom's money , you should see a lawyer and do something about it. Power of Attorney only takes care of Mom's bills etc BEFORE death. After death, the will and executor kicks in. You and your sister would be wise to agree to not talk about her will...posessions etc. with your Mom. Tell her that that is her right and you don't want to discuss it. She would then stop threatening. Keep good relations with your siblings, when Mom passes, you will be glad you have them later in life. We all feel we deserve equality, it doesn't always happen, and sometimes parents don't seem to care if their kids get along after they themselves die. Some do care what their siblings think about them, visit their grave and keep their legacy in good standing as long as possible. Hope this helps some.

Answer 4

i don't believe of all and sundry can fairly say it truly is "excellent" in accordance to se, notwithstanding it occurs. it truly is only what siblings do. I truly have a youthful brother and we nevertheless beat up on one yet another, all in good relaxing. i does no longer say that's a excellent notwithstanding, only that it truly is common brother/sister habit. If it receives severe, then it is going to grow to be a project.

Answer 5

you better seea lawyer. see if he can get your mother declared unable to make important dicisions.