QUESTION
As the oldest son, will he have any recourse to sue his brother for his part of the house, or is that totally up to her who she leaves the house to?
Asked on May 16th, 2016 on Estate Planning - California
More details to this question:
My dear friend of over 40 years is having a major issue with his family over the house his mother owns and has lived in for that long. She owns it free and clear and she has made it known to him that she is giving it to his younger brother. I believe she has already set it up that way. He has tried to talk to her about it and she clamps up. Now, no one is talking to my friend because they think he is greedy etc. He feels that the money which she spent on the house which was inherited from his Dutch and German grandparents should also be his upon her death, which hopefully she will live another 10 or more years but she is quite elderly.
3 ANSWERS
It is her money to do with as she wants, unless she is mentally incompetent. There must be some reason she is not giving him any part of the house, possibly that he does not get along with his younger brother or orders him around. He has absolutely no legal right to anything from his mother unless he paid for it as a non-gift. Stay out of the controversy as you can do nothing constructive.
Answered on Jun 14th, 2016 at 6:34 PM
Edwin K. Niles
A will is what we call a transitory document; it can be changed many times during one?s life, but only becomes effective upon death. After death, anyone can challenge a will on certain grounds, including undue influence and lack of capacity.
Answered on Jun 10th, 2016 at 6:33 PM
There is no recourse.
Answered on Jun 09th, 2016 at 10:08 AM