More details to this question:
My brother lived near our mother . He convinced her to transfer all her properties and goods to him before she died. I was not aware of any of this until a year after she died. He did not file her will . Since I live very far away from MD where this took place. I finally did some research and found out very late she had died The value of her property is over 270.000. I was completely cut out., Do I have any action I can take to receive my 50 %.
1 ANSWER
Your mother (assuming she had no living spouse) had the right to give or leave her property to whomever she wished if she was competent. Thus, to overturn the gift she made to your brother, you would have to file a lawsuit claiming either than she was not competent at the time of the gift, or that she was under the undue influence of your brother at the tiime. If you can prove either of these things, you may be able to overturn the gift, but that doesn't mean that you would necesssarily get 50%, it would depend on the provisions of her will, or of the last will she made while still competent. If, for example, that will provided that all the money would go to charity, that's what would happen. If there was no will, than the assets that were gifted to your brother would be divided according tot the laws of intestacy. I don't know aht they are in Maryland, but you are probably correct that, if there was no surviving spouse, and no surviving parents or siblings (parents or siblings might make a difference, but probably not) the assets would be split evenly between the surviving children.
Answered on May 19th, 2021 at 8:03 AM