Ungolden_Child
New Member
I just received notice from the probate attorney that my father had sold his home for $10.00 back in 1978 to my brother. It was signed by him and his then wife. The conditions were that he be allowed to live there the rest of his life. My dad died two years ago.
He left a will that named my brother as executor and trustee and me second in line to be. Instructions were to create a trust and to put all assets in it for the health, welfare, etc of his descendants.
Before his death he mentioned numerous times that he wanted us (my brother and myself) to split his estate 50/50. He said that if may require that two trusts be created in order for it to be fair.
He did not want to be bothered with questions regarding the will or about trusts and told us that was what an attorney was for and that it would all be handled by them after he died. My brother insisted and my father hired the attorney to come to the house and explain the will. I was not invited. My brother said that his wife was suppose to have called me to invite me.
Anyways, my brother decided that if things were to be split they would be split among himself, his two children and two grandchildren (at the time) and me and my one child. A seven way split instead of the two-way split my father intended. Then he got angry with me because I disagreed and now he won't even speak to me.
The attorney told me that because the will only mentioned one trust there would be only one trust. At the time of my father's death he had money in a checking account, a money market account and a savings account. He had at least two other life insurance policies besides the one that did not have to go to probate and we cashed. ( I got $800.00 - one half of it ). He had told me that because I got all of my mother's personal possessions when she died that my brother would get all of his. I had no problem with that. He made a list of other possessions (considered assests) that we would sell and split the money from such as: a truck, a Jeep, two small RV campers, two utility trailers, a 4-wheeler RV, and some recreation apparatuses that he had built. He also owned several pattens,
My brother gave my son the Jeep, the 4-wheeler, the two camping trailers, (one of which was disposed of because it was of no use), and one of the utility trailers (an open trailer used for hauling vehicles).
I have no idea what the value of the items were because my brother has the only hand written copy that my father made.
Now, I get a letter from the probate attorney that says he found this warranty deed that created a living estate for my father and has rendered the need for a trust null and void.
I believe that the transfer of ownership to my brother was because my father was afraid his wife would take him to the cleaners in the case of a divorce and that his children would be left with no inheritance. He had a prenuptuial agreement but still worried over this possibility.
How many and who would I need as witnesses to prove this and should I even bother since my brother has decided it's all his pretty much anyways?
Thank you.
He left a will that named my brother as executor and trustee and me second in line to be. Instructions were to create a trust and to put all assets in it for the health, welfare, etc of his descendants.
Before his death he mentioned numerous times that he wanted us (my brother and myself) to split his estate 50/50. He said that if may require that two trusts be created in order for it to be fair.
He did not want to be bothered with questions regarding the will or about trusts and told us that was what an attorney was for and that it would all be handled by them after he died. My brother insisted and my father hired the attorney to come to the house and explain the will. I was not invited. My brother said that his wife was suppose to have called me to invite me.
Anyways, my brother decided that if things were to be split they would be split among himself, his two children and two grandchildren (at the time) and me and my one child. A seven way split instead of the two-way split my father intended. Then he got angry with me because I disagreed and now he won't even speak to me.
The attorney told me that because the will only mentioned one trust there would be only one trust. At the time of my father's death he had money in a checking account, a money market account and a savings account. He had at least two other life insurance policies besides the one that did not have to go to probate and we cashed. ( I got $800.00 - one half of it ). He had told me that because I got all of my mother's personal possessions when she died that my brother would get all of his. I had no problem with that. He made a list of other possessions (considered assests) that we would sell and split the money from such as: a truck, a Jeep, two small RV campers, two utility trailers, a 4-wheeler RV, and some recreation apparatuses that he had built. He also owned several pattens,
My brother gave my son the Jeep, the 4-wheeler, the two camping trailers, (one of which was disposed of because it was of no use), and one of the utility trailers (an open trailer used for hauling vehicles).
I have no idea what the value of the items were because my brother has the only hand written copy that my father made.
Now, I get a letter from the probate attorney that says he found this warranty deed that created a living estate for my father and has rendered the need for a trust null and void.
I believe that the transfer of ownership to my brother was because my father was afraid his wife would take him to the cleaners in the case of a divorce and that his children would be left with no inheritance. He had a prenuptuial agreement but still worried over this possibility.
How many and who would I need as witnesses to prove this and should I even bother since my brother has decided it's all his pretty much anyways?
Thank you.
