Should a person wait to contact a lawyer while a person is still alive or wait till the person has past to contest a will or POA?

Question Details:

My brother had the house put in his name by my parents so that we (their other children) do not have to pay taxes on it. What if my parents gave this brother alot of money to hold for them and is it his money now because there are no records of this money after they are both dead?

Asked 10/29/2009 under Wills, Trusts, Probate | 178 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

The most important questions that need to be considered, here, are first, whether or not your parents are still of reasonably sound mind, and second, whether the situation is such that your brother has effectively taken over your parents' lives, making them agree to what he wants and not what they want.

If you have concerns about the answer to either or both of these questions, you should probably talk to an elder care attorney.  There is a centuries-old legal principle that courts dislike, and under certain conditions will undo, transactions that lead to unjust enrichment, especially when a confidential relationship like family is exploited.  More recently, the law has recognized that senior citizens are at higher risk for financial abuse, as well.

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