My dad died in 2010. My mom is the beneficiary followed by the 5 kids. My brother said a new will had to be drawn up because he died. Mom has dementia but he had her sign the new will. We think it might have been a joint will because he wouldn't have left her to draw a new one. Mom has now died. Is there any way we can find out about Dad's will. My younger brother and older brother won't tell us anything except she is broke. When dad died, 3 of us knew mom had around $800,000.
Logical places, Bank safety deposit boxes, law offices, trusted relatives, file cabinets at home.
Illogical places, family bibles, car glove boxes, buried in places, in the attic with old photos, under a mattress.
If you can think of where your mom might hide something that she considered safe you might start there. Good luck. BTW I still have my parent's marriage license. They had to hide that from my sister for decades and it was in a dresser drawer under my mother's "unmentionables".
If it read "whats mine is yours" then his assets would go directly to her and may not need to be probated. If Mom has Dementia, she cannot sign any contract or Will. She had to be competent at the time. It has to be witnessed and notarized. If your brother tries to probate this Will he had Mom sign, you can contest it. And brother was correct that after Dad died Mom needed to do a new Will. Our Wills say what yours is mine so if DH passes before me, I will need to makeva new Will for my children to inherit
Was Mom in a facility? With 800k she would be paying privately 10k a month. Thats 120k a year. That would last about 6.5 years. Homecare is expensive. Was one or both of the brothers POA? If so, you and other Siblings have a right to see how her money was spent. If brother/s not willing to show you the figures, then get a lawyer involved.
If your mom was living off her and her husband's assets for 12 years, and depending on her health and lifestyle, it is entirely possible that $800K was spent (especially if she was maintaning a home, a car, or required caregiving either in-home or a facility).
I agree that you need to retain an attorney for her state of residence when she passed.
You should see a trust and estate or a probate attorney if you have questions and need guidance. One in your area can give you your options.I wish you luck.