Nashville, TN asked in Estate Planning for Tennessee

Q: my brother stole my inheirtence of my mothers estate, now my dad is at the end of his life and I suspect...

My parents divorced 15+ years ago and my mom passed away a few years later. During the division of her estate my 40 year old brother stole from the estate that clearly stated 50/50 and left me with nothing. My dad is now at the end of his life and has already made indirect comments to me that my brother has intentions of doing this again with his estate. If I have good reason to believe my brother is attempting to gain control of my fathers estate and once again leave me with nothing what are my options if any?

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1 Lawyer Answer

A: While your father is still alive, I suggest taking him to a doctor and have him evaluated for mental competency. If he is competent, then perhaps you should make him an appointment with an attorney ( you can make the appointment but you should not attend, the meeting with the lawyer should be private). Your father can make his wishes known to the attorney as far as how he wants his estate to be distributed, and the lawyer can advise him on how to protect himself from things your brother may attempt to force on him. If your brother has already done something improper, the lawyer can assist your father in correcting that. In summary, take action now, before your father passes, it will be more difficult, and maybe impossible, after his death.

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