My Mom passed away. My brother is not in the Will. He's stopping me from probating the Will and is demanding from me full financial disclosure. We have a court date of Dec 15. I do not want to disclosure anything to him. He has been gone for 30 years. What are my chances in court? I am distraught over this. Does anyone have first hand experience?
Why is he demanding full disclosure?? The WILL is the WILL either he is in it and is getting something or he is not.
At this point you need to be getting guidance from your Attorney. Discussing this in a public internet forum is not the right thing todo and could cause you problems. Is your brother on this forum?? Is a freiend of his etc, etc,
Good Luck. I hope they are made to realize that ur brother created a fraud.
Or do you mean that "his own will" is in fact your brother's will, and he took your mother along, for whatever reasons??
This is a question for the attorney: is there an in terroram clause in the will being probated? It doesn't sound as if there is if your brother is awarded nothing. It's a clause that provides for something nominal like $1.00 to someone, with the provision that any contest by that person vitiates any right the individual might have to contest the will. (Vitiate means negates.)
You don't mention who the Personal Representative (f/k/a Executrix or Executor) is. I assume that's you?
I went to probate her Will and he placed a "stop order" on it and is trying to present his Will to the court.
No person is entitled to any information about a will or estate unless they are beneficiaries. He is tough out of luck.
Probate the will and if you need to, get an injuction of harassment filed so that he has to leave you alone.
I am sorry for your loss. May God grant you grieving mercies and strength during this difficult time.
As Alva says, usually there is written in the Will why a child is not inheriting. Or leave them a $1. The questions you are asking you should be asking your lawyer. Your brother has a right to contest doesn't mean he will win. I would get Moms financials together. This would include any debts.
Sorry, we are just lay people and should not be giving out legal info. Every State is different when it comes to who inherits.
Please do come back and tell us how this all works out.