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They are trying to cut me out of the will can I do anything about it?
Anonymous5 views5 answers
My mother passed away last Tuesday. My two brothers purposely left my name out of the obituary. I was allowed to see my mother at the funeral home and not was I allowed at the funeral. I watched my mother's funeral way off at the cemetery.
After they left I saw the casset be lowered into the ground. The day of the furneral they had a uhaul at her house loading up my mother's belongings.
I am so sorry that you lost your mother and that your brothers are being so cruel. First off, the only person who can cut you out of her will is your Mom. What your brothers did (take the furniture) is not legal. They must first go through a probate and they have to file the will at the courthouse. If there is no will, then the estate will be split between all of the heirs equally. Hire an attorney IMMEDIATELY to file what is called a "caveat" at court to prevent any more of your mother's belongings disappearing.
I am sorry you are being treated this way at this sad time in your life. You may or may not have rights in your mother's estate. It depends. You should speak to a lawyer about it and not wait too long because there are statutory time deadlines that can adversely affect your interests. Getting left out of the obituary does not in and of itself affect your rights to the estate, but it could be them laying the ground work for telling the probate court there are no other children involved but them.
The prior attorney pointed out that only your Mother can leave you out of a will, but that doesn't leave you out of the probate process. If there is a home in your mother's name, most likely the estate will have to be probated in the Probate of the County where your mother died. There are a number of court filings that you should receive as a child to the deceased (whether or not you were in the will) that allows you to better understand what is going on in the estate and whether you have an interest that should be pursued. An attorney can help. It would be ideal to get someone soon, because your brothers may have the ability to manage the estate whether or not its in court, and you may lose the opportunity to easily address possible mismanagement because assets are gone. You may still have options to contest their actions, but it becomes much more difficult.
I hope that you can get the situation resolved.
ian
