How do I protect my share to my mother’s estate?

UPDATED: Jul 13, 2013

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How do I protect my share to my mother’s estate?

My mother is ill and it may be terminal. She is still able to think fairly well and has stated as she always has her estate is to be divided equally amongst my 2 siblings and me. It appears my siblings are planning to eliminate me from the proceeds. I need to do what I need to do to protect my position as I lost everything from my father’s estate to my other unethical sister and a new ” bride ” that married him on his death bed. I believe there is a Will written but do not have a copy. I am also wondering if my sister will be able to trick my mother into changing the terms during this trying and confusing time. It is sick what people do in times where their parents are at the end. I simply want to protect my interest from the greedy.

Asked on July 13, 2013 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  You need to deal with this while your Mother is "of sound mind" and openly with your siblings.  It may be a good idea for all of you to go with your Mom to an attorney and have her review her Will and recite her wishes to him or her directly.  You can ask the lawyer about filing the Will in court (some states still do that and then you will know it is safe).  You may need to make sure that your Mom is cared for properly too so ask about a Power of Attorney and a Health Proxy. Otherwise you will have to just make sure that you keep a good journal as to your Mom's progression of illness and the going's on.  This way if you are cut out then you have documentation in a Will contest. Good luck.

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