Expert: Dick Dennis - 2/3/2011

Question
Greetings,

Twenty years ago my Mom willed modest house/estate equally to her 3 children. However as years went by, she became ill and I stayed in her home with her for over 5 years before she entered nursing home. Other siblings were long gone. I am health professional and was "child caregiver" for her. She gave me the house, consistent with medicaid rules, about 7 years ago. Recently Mom passed, and my younger brother is executor... he wants 2/3rds of MY house and the contents Mom left 8 years ago (much was given away or discarded.) He keeps quoting old will that predates the sale of the house to me. Matter of fact, he abused his POA/executor power to remove me from Mom's $250k life insurance policy and is refusing to give me $80k unless I title my house to him (and perhaps my sister.)  

Mom was never incompetent and ~7 years ago instructed her elder care attorney (hired by my brother) via notarized letter that I was to get the house and contents.

Mom died on medicaid with little other than that life insurance.

House title is in my name, I'm fairly certain they can't take it, but who owns contents left behind so many years ago?

FYI, not that it really matters but I willed house back to my brother and sister in my will. I have 2-3 years to live.

I'm disabled myself now, on fixed income and unsure if I can  afford the $6,000 retainer that orphan/probate/surcharge attorney requests to straighten out this mess.

Thank you for any advice.

Answer
As long as the house is indeed in your name, Roger, you're right, no one can take the house from you. They will just have to wait two or three years.

But it seems to me that your younger brother is violating his position as executor. If you want peace of mind, I recommend you find yourself your own probate/estate attorney to protect your interests. Yes, it'll probably cost you all right, but how much is peace of mind worth to you?

As for the personal items in the house, unless they were included in your purchase of the house when your mother sold it to you, chances are they would be controlled by the executor of your mother's estate . . . unless you get your own probate/estate attorney to settle the matter, including your share of the insurance funds.

As for paying for the attorney's services, most attorneys are willing to set up payment a schedule. That would allow you to pay off the attorney for his services and give you peace of mind, too. By the way, if it were me, I would remove the brother and sister from my will. But that is up to you. I do wish you well.

Dick Dennis
dixiedee13@aol.com