Brother Manipulating elderly parent for personal gain

[sassyrc59]

Jurisdiction

New Mexico

Since my father's death in December, my brother has been manipulating my mother into revoking my power of attorney. He disregarded the will my father asked me to draw up and has manipulated my mom into lying about things. The wills were drawn up in 2009 and was also signed by my brother. He was asked to attend when it was being drawn up but declined. He had a second opportunity to review it and just signed it. He never once said anything until after my father passed.Immediately after my father's passing, he started his manipulation. This is all because my dad left me 2 rifles and 2 pistols which he has refused to give me. I believe he's trying to gain control over the whole estate. I was designated as power of attorney as my dad didn't trust my brother to do the right thing. All I want is what is legally mine, which at this point is the 2 rifles and once my mom passes half of whatever comes from the estate once all her bills are taken care of. At this point, my mother's health is in jeopardy as he's manipulating her into changing everything. My daughter was making g sure she was taking her meds correctly and making sure she was getting to her doctor appointments. Now her doctor has contacted my daughter a few times stating that a Rachel contacted them saying she was my mom's granddaughter trying to change her home care. Rachel isnt her granddaughter. Currently I have no knowledge of how my mother is, they have pad locked the property and I'm not being informed as to her health. I received a letter from a supposed attorney revoking my power of attorney. My mother is in no shape to be making her own decisions. It is my belief this is all being orchestrated by my brothers attempt to get everything he can from a monetary standpoint.

 

[army judge]

A POA is of no value upon a person's death.
A POA is of very little value if a person is alive.
No entity is required to honor a POA.
A POA has nothing to do with a will.
Your father has passed.
If he left a will, that will must be probated upon his passing in order to execute his wishes.
If he has such a will, it should have named someone to ensure the matter was probated?

The out-of-court affidavit procedure is available in New Mexico if:

1. A married couple owns their principal residence, valued for property tax purposes at $500,000 or less, as community property. The surviving spouse may file an affidavit with county clerk if no other assets require probate. There is a six-month waiting period. N.M. Stat. Ann. § 45-3-1205.

or

2. The value of the entire estate, wherever located, less liens and encumbrances, is $50,000 or less. There is a 30-day waiting period. N.M. Stat. Ann. § 45-3-1201.

Simplified Probate Procedures
New Mexico has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.

You can use the simplified small estate process in New Mexico if the value of the entire estate, less liens and encumbrances, doesn't exceed personal property allowance, family allowance, costs of administration, funeral expenses, and medical expenses of the last illness. N.M. Stat. Ann. § 45-3-1203.

Read this for larger estates:



Probate FAQ | Affordable Law | Albuquerque, New Mexico




https://nmsupremecourt.nmcourts.gov/legal-forms/vprobate_code.php

 

[sassyrc59]

A POA is of no value upon a person's death.
A POA is of very little value if a person is alive.
No entity is required to honor a POA.
A POA has nothing to do with a will.
Your father has passed.
If he left a will, that will must be probated upon his passing in order to execute his wishes.
If he has such a will, it should have named someone to ensure the matter was probated?

The out-of-court affidavit procedure is available in New Mexico if:

1. A married couple owns their principal residence, valued for property tax purposes at $500,000 or less, as community property. The surviving spouse may file an affidavit with county clerk if no other assets require probate. There is a six-month waiting period. N.M. Stat. Ann. § 45-3-1205.

or

2. The value of the entire estate, wherever located, less liens and encumbrances, is $50,000 or less. There is a 30-day waiting period. N.M. Stat. Ann. § 45-3-1201.

Simplified Probate Procedures
New Mexico has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.

You can use the simplified small estate process in New Mexico if the value of the entire estate, less liens and encumbrances, doesn't exceed personal property allowance, family allowance, costs of administration, funeral expenses, and medical expenses of the last illness. N.M. Stat. Ann. § 45-3-1203.

Read this for larger estates:



Probate FAQ | Affordable Law | Albuquerque, New Mexico




https://nmsupremecourt.nmcourts.gov/legal-forms/vprobate_code.php

In my father's will, I was designated as the executor. I have never had to deal with this sort of thing so I'm not sure how to proceed. My parents property is most likely valued at 100k or less. I just want to do what's right and fair.

 

[army judge]

In my father's will, I was designated as the executor. I have never had to deal with this sort of thing so I'm not sure how to proceed. My parents property is most likely valued at 100k or less. I just want to do what's right and fair.

Condolences upon your dad's passing.
I wish you peace as you grieve his loss.

Read the links.

All you need to know is on the links.

If the property of your father, not your parents, is worth $50,000 or less you can use the easier way to probate. Again, read the links.

If dad's property exceeds $50,001 you'll have to do it the regular probate way.

All is explained on the links. Read the links.

Google "PROBATE YOUR DAD'S COUNTY, NM" to learn how it's done in his former county.

One last thing, only your dad's personal property can be probated.

For example, if he and mom owned the home jointly, it's not going to be part of his estate. Mom gets their home.

You're probating personal property of your father's only.

 

[adjusterjack]

In my father's will, I was designated as the executor.

You are not the executor of anything until you open probate and get your court papers authorizing you to act for your father's estate.

I'm not sure how to proceed.

Given that statement and that your brother is already way ahead of you, you are going to need to hire an attorney.