How do I protect Moms finances without paying a ton to either a lawyer or brother?
My brother tells me that he is going to file a lawsuit against Mom and I.
This is his complaint.
I was the POA for my Dad..he passed in September.
I am the POA for my Mom. She is the executor and sole inheritor.
I have been moving Moms money into various investment accounts. Mostly depositing checks from Insurance and pensions, getting into very safe investments.. I figure that even with low interest...the principal needs to be safe..there will be enough for Mom for the next 10 years.
Brother wants some of that money...he feels he should have been an inheritor. In fact, he thinks I probably influenced my Dad to change his will. (Not so...will was written in 1976).
I did everything to conclude the business of my Dad..on my mother's behalf.
Brother says..he will drain the account just paying for the legal fees...or I can just talk Mom into handing over $40,000 now.
I guess he doesn't have much money....so winning against him might result in a monetary aware for legal bills..I bet he cannot pay. How do I protect Moms finances without paying a ton to either a lawyer or brother?
Research law firms to find an attorney who's handled probate litigation; you need to make sure to select someone who knows how to handle dissatisfied siblings who were excluded as heirs.
Was there any provision in your father's Will addressing someone who challenged the terms of the Will?
And if he does sue, make sure you have a good attorney who includes in the "prayer" (part of the answer to a complaint) your request that the court compensate you for emotional distress and costs, including but not limited to attorney fees. Your brother needs to be aware that he can be assessed with those fees.
He's wrong if he thinks he can "just drain" the account - he can also be assessed with filing a nuisance complaint penalties and end up bankrupting himself.
If he lives anywhere near you, you might also think about asking the police how to get a restraining order. Anyone this malicious might go beyond suing.
And BTW, I don't see any cause of action against your mother; she's the heir; that was your father's choice.
If he has nothing but SS, how is he going to pay a retainer for an attorney? The kind of suit he's threatening isn't one which an attorney would handle w/o an upfront retainer as it's not a winnable suit.
People w/o legal background aren't able to easily navigate their way through litigation.
So throw his threats back at him. Don't let him intimidate you.
Not all attorneys charge $350/hour. Do some research and contact them and find one who doesn't. Some only charge about $200 to $250 an hour.
And most competent attorneys utilize paralegals to do the bulk of the work. That cuts the hourly fee significantly.
He may be judgment proof, but you're wrong in stating he can cost your mom several thousand dollars. He has to have money to do this, as I wrote. From what you write, he doesn't have the funds to support a lawsuit.
Call his bluff.
Get an Order of Protection if he is threatening harm to you or mom.
I know you talked about putting your name on mom's accounts. Be aware that if you do that, as executor or POA, you will be is serious legal trouble.
You can't justify the cost of a lawyer? How can you justify NOT getting a lawyer, APS and law enforcement involved?
Does he come to your mother's house?
Where or how exactly is he threatening you?
I think your brother is trying to frighten you into handing over money. It's a tactic. In my opinion, your brother will be hard pressed to find an attorney willing to take his "case". Nonetheless, I think a restraining order is your best course of action unless he finds some dope to file a claim.
That said, I agree with Cwillie. Even if you cannot record him because you live in a state requiring two-party consent, you can put him on speaker while having someone in the room with you to witness the conversation. It would not be a bad idea to video record you (speaking with your brother) and your witness (not saying a word and just listening) while your brother is on speaker.
Why do you feel that you need to answer your brother's threatening communications in the first place?
That might be just what the brother needs.
There's also the possibility that the judge him/herself may impose penalties for filing a frivolous lawsuit and wasting the court's time. That would be a real slap in the face.
GeeWhiz also makes a good point in forcing him to document his threats.
Seems like we're all more or less "on the same page" in recognizing that Katie has a stronger position than she recognizes.
The one red flag I see in Katie's situation is that her brother is a co-POA. As such, he is legally able to access accounts, although he is required to use the money for mom's benefit. Of course, if he does get some money and spends it, it would probably be impossible to recover those funds. If mom is still competent, I would strongly consider making you the sole POA.
Giving money to your brother now could create all kinds of problems. What if your mom needs facility care soon and her funds go faster than you expected? If Medicaid becomes necessary, any money given to your brother within the preceding five years will result in a penalty.
See All Answers