What can I do legally to get my brother to STOP having my mother change her will, and POA's ?????

Question

Whenever my brother and his wife gets a chance they somehow "con" my mom into changing everthing all around. As it stands and has always stood, I (daughter) am poa for mom for her health, and for finances. The will works the same way.. everything goes to me and if I die before mom everythingh goes to my son. She did this because she doesn't want her son to have anything, and she has good reason! for example.. this latest was the last straw, he basically wrote it how he wanted it and that was final. he put himself and his wife in charge of EVERYTHING. My mom absolutely hates his wife, she is cruel, two-faced, greedy just my bro. She (mom) feels like a fool cuz once again my bro. conned her into it! My brother & wife would never take as good of care of her than I do. I take her everywhere and any place she wants or needs. B4 my father passed, my bro moved pretty far away, Reason, he didn't want to deal with any of the whole thing, And has lived up to it, he does NOTHING hope someone

Answer 1

Well if your mother is of sound mind, she can change her POA's and wills as many times as she wants to . Why don't you have a private chat with MOM and tell her that she can have a will and POA rewritten if that is what SHE wants. Tell her you are not pressuring her, you are just advising her of this. If she is capable of going to the lawyer on her own, she can do so and have it changed after giving it due consideration. The will is not really important while she is alive and she doesn't even need to mention to either you or your brother what the will states. If your brother is as bad as you say, then she would be better off to let him think that the will he created is the last one. She can change it with a lawyer's assistance and your brother doesn't need to be any the wiser. What she REALLY needs to consider is the person who will be making her medical and financial decisions as POA if she should become incapable of making these decisions on her own. Again, she might want to make these decisions in the presence of her lawyer rather than under any pressure from either of her kids.

Whatever she does, it can be kept in the lawyer's possession until such time as the need arises to use the paperwork.

Answer 2

My mom went through a similar situation with her sisters.

Ask your mom for a copy of everything she's signed. Is there anything granting Power of Attorney to your brother? If so, you need to take steps right away. You need to talk with your mother and make sure that she wants to leave everything to you, and find out how her brother persuades her to do otherwise. Remind her that she doesn't have to sign *anything* ever without reading, understanding, and wholeheartedly agreeing to it.

Then take her to an estate lawyer. Draw up a new will and Power of Attorney. Have your mother sign and date it then and there. Have the lawyer include a note that these documents make all previous documents null and void. have the lawyer keep a copy, put another copy in a safety deposit box, and then keep one for yourself. Then be careful not to let your brother know about any of it at all. Let him think he's won. Then, when your passes or you need to make decisions for her, and he interferes or contests things, you can pull out the latest document. Then he will be the fool, and have gotten just what he deserves.

Answer 3

A will needs to be notarized - she is doing this of her own free will if she is making the effort to get it notarized - even if the creep brother is coercing her. Why don't you make an appointment with an attorney - have her sit down and write the will just the way she really wants it without your impute (your brother is probably saying the same things about you - so who is right?). Parents usually want to keep things even between their children - you two seem to be wrestling for total power. The court could also appoint an a guardian to make sure her best interest is taken care of. That would take you two kids out of the dispute all together.

Answer 4

If your mother is of sound mind, there's not much you can do. If she isn't, you could have her declared incompetent and become her guardian... but don't do that before she changes her will BACK or guess who will get everything?

You're treading on dangerous ground here though... issues of competence and duress will bring up challenges to any will. You need legal advice now, before you do anything... don't want to base your financial future on the advice of random people online :)

Answer 5

It's your mother's choice to who she will leave everything to. I don't think there is anything you can do unless she is mentally unstable. Then you can go to the courts and have her declared incompetent. Whoever is the person in charge of everything at that moment would be the one responsible for her. However, if your mother is not incompetent it is not a good idea. It sounds like she knows what she is doing when she signs it over to him.

Answer 6

talk to your mother find out what she really wants and then take her to a lawyer to write it out....