- Jurisdiction
- Virginia
This is a complicated story, so I'll do my best to be concise. Several years back, some land in Texas that had my mother's name on it came into fruition when an oil company wanted to purchase it. My mother (now passed on) had been in a nursing home and fully incapacitated for 20 years - my brother and I made all decisions for her on her behalf. The land was left by family with a small percentage of her name on it, and over the years, her share was whittled away. So when the land became available, my brother and I - her legal guardians/powers of attorney (joint) decided to sell it. Part of the sale of the land went into a bond for my brother and I that would become available following her passing, approximately $17,000.00.
So, we have this bond. When the bond was set up, it was done so by my brother with his attorney, and both his name and my mother's name were on the bond - they were the only parties able to access it. We both agreed that when the time came, we would split the bond equally between us - there was never any argument or question about that. Now, years have passed, and I would like to access my share of the bond. However, my brother has self-estranged himself from my life, and refuses to connect with me or help me get my share. He simply will not talk to me (family drama, I know). I have already contacted the bank, and they know I'm the valid son of the deceased - but because my actual name is not on the bond, I am not allowed to access it without my brother doing the legwork. He refuses to help.
I emailed the attorney who originally helped set up our bond to find out what steps need to be taken, and she has been less than helpful - she asked for my mother's death certificate, which I sent her, but after that, I was told it would take about 2 weeks to process - that was 3 months ago. Only recently did I receive communication again from said lawyer, asking for $260 an hour to help - keep in mind, no fees were ever discussed upfront, and I've never signed any paperwork. I simply don't have that kind of money (and we all know it will cost more). So I feel trapped between a dramatic family situation that I can't fix (the uncommunicative brother), and the lawyer who wants lots of money for what seems like what should be a simple thing to access since I have partial rights to this thing.
What am I doing wrong? What do I NEED to do? And what steps have I taken that were wrong in all of this? I don't know a thing about dealing with legal issues, and am terrified of doing something incorrect. I have no information on the bond itself - again, this is all controlled by the lawyer and my brother. Am I out of luck, and do not have any legal right to this money? Any advice would be gratefully helpful as to the steps that I need to take to alleviate this situation and move forward.
So, we have this bond. When the bond was set up, it was done so by my brother with his attorney, and both his name and my mother's name were on the bond - they were the only parties able to access it. We both agreed that when the time came, we would split the bond equally between us - there was never any argument or question about that. Now, years have passed, and I would like to access my share of the bond. However, my brother has self-estranged himself from my life, and refuses to connect with me or help me get my share. He simply will not talk to me (family drama, I know). I have already contacted the bank, and they know I'm the valid son of the deceased - but because my actual name is not on the bond, I am not allowed to access it without my brother doing the legwork. He refuses to help.
I emailed the attorney who originally helped set up our bond to find out what steps need to be taken, and she has been less than helpful - she asked for my mother's death certificate, which I sent her, but after that, I was told it would take about 2 weeks to process - that was 3 months ago. Only recently did I receive communication again from said lawyer, asking for $260 an hour to help - keep in mind, no fees were ever discussed upfront, and I've never signed any paperwork. I simply don't have that kind of money (and we all know it will cost more). So I feel trapped between a dramatic family situation that I can't fix (the uncommunicative brother), and the lawyer who wants lots of money for what seems like what should be a simple thing to access since I have partial rights to this thing.
What am I doing wrong? What do I NEED to do? And what steps have I taken that were wrong in all of this? I don't know a thing about dealing with legal issues, and am terrified of doing something incorrect. I have no information on the bond itself - again, this is all controlled by the lawyer and my brother. Am I out of luck, and do not have any legal right to this money? Any advice would be gratefully helpful as to the steps that I need to take to alleviate this situation and move forward.
