Have lived in his home for 4 years, last 2 involved quitting my job and taking care of him full time as cancer had spread to bones. A new will was made in June after he started heavy doses of morphine at his brothers insistance. Partner listed me as a dependent on last years taxes and told me I had nothing to worry about. Also car bought for me by partner 3 years ago is being repo'd by the brother who was power of attorney but has not yet been appointed rep. he told me to sign form and return it to him. I am being barraged with emails and demands and threats by the brother and now his other brother by way of threatening email. I am scared, depressed and hurt that after caring for him for so long I am being treated like scum because of who i was to him. I can't afford much and am HIV+ HELP?
Get an attorney who has experience with the rights of same sex partners and probate. Most probate attorneys have run into this kind of issue before. If you do nothing the brother will win. I don't know Florida law but feel certain that there must be some laws on the books there to protect your rights as we have in California. Sorry for the loss of your mate.
Good luck
There are a lot more questions that need to be answered before responding to this. Sometimes a will can be "undone" based on either your partner's lack of capacity (mental ability to understand what he was signing at the time the new will was executed) OR your partner's brother's undue influence over your partner (the brother taking advantage of your partner in his weakened condition). Are there large assets at stake? Is that the motivation for the brother? I would contact a probate litigation attorney and see if they can help you. My firm does that type of work. We provide free 30 minute consultations and, if you bring all documents you posses (old will, new will, power of attorney, emails, etc), we would be able to tell you if you have a case against the brother. Good luck!
I can't speak for Fort Lauderdale but in Houston there is a specifically funded program by Ryan White and other sources to provide pro bono legal assistance to low income/indigent HIV+ people. I would suggest googling for the contact information for local help - AIDS Project, Ryan White, Volunteer Attorney Program, AIDS Foundation. Anything like that to find out where you can obtain pro bono assistance from a licensed Florida attorney. This is the kind of situation that should not be too difficult to find an attorney incensed by the facts, who wants to look out for your interests against the bullying brother.
If the brother is threatening you (e.g. violence etc.) make sure you document everything as it will only help protect you later - there are a variety of civil and criminal options you might elect to pursue with the aid of counsel.
Good luck
