My question involves estate proceedings in the state of: California
My brother recently posted a question on facebook seeking a probate attorney, prompting a friend to call me with condolences--but our mom is not dead. My father passed away 2 years ago, leaving everything to my mother who is very much alive, well and at 73 very healthy.
My brother has been asking for years to start to get "his inheritance." He even has asked questions about some type of way to get money from my mom as part what he feels he is entitled to while she is alive. My dad had a retirement but it was spent first and he did not have any money when he died. His clothing and books went to my mom. Is there some legal way for my brother to get my mom's money (retirement savings and social security) while she is alive?
My parents gave me and my husband $50,000 in 1998 as a down payment for our house. We built a second home on the property for them, where they lived together (and just my mom now). My husband and I have paid all of the expenses of the property and the title of the property is mine and my husbands only. My parents have not ever paid anything to live here--the utilities and property tax are all paid by me. They made the initial down of $50K and spent money to build the second house (probably about half the cost to build so maybe $40K). I am glad to take care of my mom and was happy to take care of my dad as he was sick for many years.
My mom also has a retirement that has designated beneficiaries (both my brothers and me) but it is likely that it will not last her lifetime. I plan to continue to care for her either way--so no big deal with that.
I believe that my brother is seeking probate to pursue a part of my property when my mom passes, or even before under some type of weird inheritance thing (advise please-does that exist?!)
My mom and I have discussed making her will current but the reality is that besides her retirement money, she really does not have any assets that have value, mostly because my brother has taken most everything and pawned it for drugs. (I did get a restraining order so he doesn't come here now.)
My mom has told my brother that the property is not hers but she does not believe him. I have told my brother in writing that the property is mine and that I take care of her but he does not believe me.
Do I need to do anything now to protect my property if my mom is not on the title?
Can my brother seek interest in anything of mine because of their contribution (gift?) to me 16 years ago?
Does my mom need to address that she does not have an interest financially in my property in her will?
Thank you for any help or advice!
My brother recently posted a question on facebook seeking a probate attorney, prompting a friend to call me with condolences--but our mom is not dead. My father passed away 2 years ago, leaving everything to my mother who is very much alive, well and at 73 very healthy.
My brother has been asking for years to start to get "his inheritance." He even has asked questions about some type of way to get money from my mom as part what he feels he is entitled to while she is alive. My dad had a retirement but it was spent first and he did not have any money when he died. His clothing and books went to my mom. Is there some legal way for my brother to get my mom's money (retirement savings and social security) while she is alive?
My parents gave me and my husband $50,000 in 1998 as a down payment for our house. We built a second home on the property for them, where they lived together (and just my mom now). My husband and I have paid all of the expenses of the property and the title of the property is mine and my husbands only. My parents have not ever paid anything to live here--the utilities and property tax are all paid by me. They made the initial down of $50K and spent money to build the second house (probably about half the cost to build so maybe $40K). I am glad to take care of my mom and was happy to take care of my dad as he was sick for many years.
My mom also has a retirement that has designated beneficiaries (both my brothers and me) but it is likely that it will not last her lifetime. I plan to continue to care for her either way--so no big deal with that.
I believe that my brother is seeking probate to pursue a part of my property when my mom passes, or even before under some type of weird inheritance thing (advise please-does that exist?!)
My mom and I have discussed making her will current but the reality is that besides her retirement money, she really does not have any assets that have value, mostly because my brother has taken most everything and pawned it for drugs. (I did get a restraining order so he doesn't come here now.)
My mom has told my brother that the property is not hers but she does not believe him. I have told my brother in writing that the property is mine and that I take care of her but he does not believe me.
Do I need to do anything now to protect my property if my mom is not on the title?
Can my brother seek interest in anything of mine because of their contribution (gift?) to me 16 years ago?
Does my mom need to address that she does not have an interest financially in my property in her will?
Thank you for any help or advice!
Heirs and Beneficiaries: Can My Brother Seek Portion of My Property in Probate if My Mom is Not on the Title
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