Legal Question in Civil Litigation in Arkansas

Re: Brother is suing my mother

Based on the facts you provided, it seems that your mother may be liable to your brother to the extent of the award. Since a claim was asserted on his behalf, he is entitled to the same award you received. You mother cannot appropriate that money for her use (even if it was to buy a home).

Your mom maybe able to reduce the amount owed to your brother if she can prove that she spent the money on his behalf (e.g. paid education expenses, bought clothes, bought HIM a car, etc.) If she cannot, it seems likely that she would have to pay the entire sum (plus interest) because she did not place the money in trust.

Additionally, you have stated that the judge gave your brother's money to your mother "with no stipulations." However, you also mentioned that your brother was "asking that the guardianship be removed." If your mother was made guardian for your brother, SHE HAD A DUTY TO YOUR BROTHER to manage the assets for him until he reached majority. That means that the money had to be spent on him or his care. Again, your mother could not take the assets and spend them on HER behalf.

As for the attorney, I think the ethical rules would keep him from representing your brother. Since this controversy arose from a transaction where he represented your all three of you, in my opinion he has a conflict in this matter.

Of course the outcome of every case is fact specific. I would suggest consulting a qualified attorney in your area for advice based on the facts of your case.