does my step brother has the right to ask money from Selling my Mother House?

Question

I have Step Brother who about to Sue me becouse i sold my Mother House and did not give him any Money . He claim he has right witht hat Money Becuse My step Father and My mother Had will Says : when he dies and My Mother Dies the House Should Be sould and The Money Divided Between the Kids . But my step Father Died and My Mother Still a live and She Gave me Power of Attorny Over Her to sell the House and Signed the deed of the House in my Name .
and i sold it and kept the money for my Mother Use . the Step Brother wants to sue to prove My mother Did not know what she is Doing Becouse she Has Alzhaimar Althought there was woman with me to Notraized and witness my mother sign the papers and says she Gave me her House and i have it on Video too.

i add this after Read all what you Guys said . first thx to all and to the Guys told me to be Nice and Give him Some . How i can do that when i my self did not get any Dime the Money went in my Mother Account for her to spend and use .

Answer 1

He has the right to sue. It will be up to a judge to decide if he has a right to the money. It sounds like he understands that when his father died, his father's interest in the property went to his wife (your mother) who then had the right to turn the deed over to whomever she wanted to.
Instead of challenging that, he is challenging her state of mind when she did this. If he can convince the court that she wasn't able to make a solid decision on her own then he has a case. I am not sure if he then would then have to prove that if she was in a right frame of mind that she would have made him a receiver of profits from the sale of the house.

Answer 2

If your mother is still alive, then the terms of her will don't apply. It sounds like you're in the right, but you should consult with a lawyer. It will be less expensive to do it now, then talk with your step brother to resolve the dispute than to do nothing and let him sue you.

It's too late now, but maybe you should have talked to your brother before all this happened.

Answer 3

let him try and sue esp if you have proof the monies went to support your mother in her latter life, she had full legal power to sell the house once the step father passed away to support her self

even if his will said that, unless he specifically willed his part of the estate into a trust to be held until your moms death then your step brother probably does not have a legal to stand on

once step dad dies unless i said his part was willed to a trust the entire title went to your mom, who was under no legal obligation to enforce the step dad will, had clear title and can do with the land as she pleased, if had gone the other way most likely you would never have seen a dime

Answer 4

Technically, the will is not in effect yet as one spouse is surviving, wether she is mentally well or not. So if you had to sell the house to pay for her living expenses, then he has no right to sue you because you have power of attourney and it's still technically your mother's money

Answer 5

no longer criminal suggestion: on the grounds that TX is a community assets state, i think of the youngsters are bluffing attempting to get her to bypass out of the domicile. the skill of criminal expert which the son holds could or won't word to the actual assets. that could desire to count on the particular wording and reason of the record. It extra advantageous than in all probability could postpone in a court of regulation, with regard to the administration of any held sources that belonged to the companion merely before the marriage, yet i'm no longer likely confident of that the two. Your superb guess could be to preserve a solid criminal expert for her and dispute the legality and spectrum of the skill of criminal expert.

Answer 6

Why not split the money with your step brother as a gesture of good will. If he files a lawsuit against you, you will have to spend money to defend it.

You should not rely upon a loophole to screw your brother if that was against the wishes of his father. Be a gentleman and a good person. Why fight with your brother?

Answer 7

If your mother is still alive and
If the $$$ is in an account to pay for your mothers expenses ,
Then the will might not yet be in effect .
However , since your dad did pass , it may be and you might owe your brother $$$$ .

But Only the probate lawyer knows .

Ask him . . .

>

Answer 8

You did everything right and he just thinks you will give in. Get a good lawyer and counter-sue for the lawyer fees and your time!

Answer 9

Sue him for stupidity

Answer 10

You might not have too -- but you should. It's the right thing to do and I think you know that.