Legal Question in Wills and Trusts in New Jersey

My mother was sick for a few months and recently died. I have just learned that my brother (power of attorney), before her death, transferred everything out of her name to his. My brother is stating that my mother owned nothing, which I know to be completely untrue. Now, her will stated that myself and my brother each received half of her assets. Will I be able to get back half of what she previously owned?


Asked on 8/08/09, 11:42 am

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

You may have to sue your brother for breach of fiuciary duty to your mother. What is he offering you, if anything?

Read more
Answered on 8/13/09, 12:02 pm
Robert Gleaner Robert A. Gleaner, P.C.

You certainly have a cause of action against your brother. Proofs in these cases are sometimes difficult and the litigation tends to be expensive. However, if you are willing to fight the battle, you should be able to prevail.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with an attorney who is experienced in estate litigation for a full consultation before you take any further steps. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck!

Rob Gleaner

Read more
Answered on 8/13/09, 12:03 pm
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

First, you should immediately retain a good estate/probate attorney.The attorney can then help you deal with your brother. Unfortunately, if this becomes a lawsuit, it will definitely hurt any family relationship. Therefore, a conciliatory approach should be the first step.

I hope this helps!

Ron Cappuccio

http://www.SaveYourEstate.com

Read more
Answered on 8/13/09, 12:44 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Jersey