- Jurisdiction
- California
After the death of our parents, I was betrayed by my brother for the $.
I'm wondering if I have any options for Justice to prevail.
The Parties: Mother, Father & 2 Boys
The Stage: My parents were happily for 50 years & had 2 boys. Our parents came from very little, but "together" they built a small fortune (Approx. $10mm) in business, real estate & life insurance. We all understood that upon their death, all assets would be divided equally, as stated in their wills.
In 2010 my Mother passed away from cancer. My Father filed a spousal property petition, but it was denied by the court. In 2012 my Father tragically passed away, from suicide. He left a bedside will that left everything to my brother.
The betrayal: My brother told me that the original wills of our parents were lost. He stated that because there was only 1 signature on the bedside will, I needed to sign an affidavit, that I believed the will to be true, & that if I didn't sign the affidavit, the creditor that was suing my Mothers estate would get everything in probate. I signed the affidavit. That was the last time I saw my brother.
Everything that I owned was in our family corporation, I found myself jobless, homeless & penny less. As a honorably discharged Veteran I sought help from the VA. I am happy to report that thanks to the VA, I'm back on my feet with a federal job.
Once I was on my feet I decided to find out what the heck had just happened to me. I found out that my brother filed probate on our Father. What he did to get the bedside will accepted by the court (giving him 100%), was to produce the original will, where I get 50%, with a statement that read "in spite of the fact that I (brother1) will suffer grave financial loss, I had signed an affidavit stating the bedside will to be true & correct. And that my brother should get everything".
Questions:
#1. Should I open probate on my mother, since 50% of the assets were hers & the Court never gave my father, or the estate the right to spend her assets.
#2. Do I have a right to a civil case against my brother or do I petition the probate court letting them know what my brother did.
Thank you for your time in this matter.
I'm wondering if I have any options for Justice to prevail.
The Parties: Mother, Father & 2 Boys
The Stage: My parents were happily for 50 years & had 2 boys. Our parents came from very little, but "together" they built a small fortune (Approx. $10mm) in business, real estate & life insurance. We all understood that upon their death, all assets would be divided equally, as stated in their wills.
In 2010 my Mother passed away from cancer. My Father filed a spousal property petition, but it was denied by the court. In 2012 my Father tragically passed away, from suicide. He left a bedside will that left everything to my brother.
The betrayal: My brother told me that the original wills of our parents were lost. He stated that because there was only 1 signature on the bedside will, I needed to sign an affidavit, that I believed the will to be true, & that if I didn't sign the affidavit, the creditor that was suing my Mothers estate would get everything in probate. I signed the affidavit. That was the last time I saw my brother.
Everything that I owned was in our family corporation, I found myself jobless, homeless & penny less. As a honorably discharged Veteran I sought help from the VA. I am happy to report that thanks to the VA, I'm back on my feet with a federal job.
Once I was on my feet I decided to find out what the heck had just happened to me. I found out that my brother filed probate on our Father. What he did to get the bedside will accepted by the court (giving him 100%), was to produce the original will, where I get 50%, with a statement that read "in spite of the fact that I (brother1) will suffer grave financial loss, I had signed an affidavit stating the bedside will to be true & correct. And that my brother should get everything".
Questions:
#1. Should I open probate on my mother, since 50% of the assets were hers & the Court never gave my father, or the estate the right to spend her assets.
#2. Do I have a right to a civil case against my brother or do I petition the probate court letting them know what my brother did.
Thank you for your time in this matter.
