Hello,
my situation is i helped my parents and I was the caregiver for 20 years plus. My parents and I were close and loved together and/or close by. Towards the end dad passed then mom. I cared for mom and she lived with me as it would be easier with me needing to work and be a full time caregiver and the need to take her to dialysis 3 times a week.
my brother never helped and didn’t help even to give me a break. I became more ill, more depressed and struggled and ignored my own health. My mom was my best friend and we would laugh and joke she was really my best friend. My brother would come to get her to sell the house and she told him she’s not selling the house. Mum did have medical conditions BUT was capable and mentally there. She was 76 years old. My mom was a silent women yet humorous beyond words. My brother came and I needed to ask him to leave after his wife and him started a war and my mom also had enough. They stopped coming around and didn’t even attend the funeral. After my brother was asked to leave.. months passed and mom decided to change the will to include my son and I. Removed my brother. Note I also have a sister who was removed in 2013 for not helping. Mom changed the will and transferred the house to my name. She was def mentally stable and the lawyer spoke to her alone twice. She had a cardiac arrest 5 month later unexpectedly. In anycase free she passed my common law said it was over since we grew apart and I stopped caring for myself. Then I get a notice from my brother he sueing me. He wants half the house. He had a home and two incomes. I’m now alone and thank hod have a home to live in. I have spent almost 60,000 and we haven’t even gotten half easy my loans are depleted and I don’t know what to do. Do I give in? Suffer again and the fact I gave up my life and my youth gone .. I was 25 when I started to care for them in 46 now. I don’t know what to do? I’m in Cda. I don’t know but I suffered so much and I was so sick and became anxious depressed. He never came after the argument be is saying I cohered her and she was not mentally there. She was never diagnosed with anything. During a hospital stay they did a mini cognitive test by an OT while
mom
ess fighting an infection and in pain over a wound they were trying to find the issue plus she was doing dialysis and tires I recall her telling me about people
coming to talk to her as they always do but she wanted to sleep she was in pain she just told them whatever as long as they left. That was the mini screening. It was conducted in a ward with 5 other patients noise and oh she needed glasses they gave her some random glasses I assume close to her prescription. Anyways she was discharged and didn’t have any mental condition she was fine just now these records I’m sure making him find something. To chew on. We are waiting on the lawyers notes. I assume my mom and the lawyer spoke and he knew her for over 30 years so he knows if she was all there or not.
now I’ve texted the point. I don’t have money and we still half way there. What happens if I can’t afford it. Do I give in and then he gets half although my moms wishes where for my in and I to get the house since we have nowhere to go. He chose his life and his family. What do I do if I can’t afford to fight the courts to uphold the will.
this is in a nutshell. There is more of course but that’s what the main points arre. Apologies for writing all over the place. Warm regards.
There are LadyBird deeds too, where upon Moms death the house reverts to you. No probate no Will needed.
If there is a Will is there something saying why she was leaving 2 of her children out of it? Like, because you cared for her and they never bothered she was leaving the house to you?
I suggest you call Legal aid. They charge by scale. Your Office of Aging may have ph p#s of Lawyers willing to give u a free consult.
This is now a legal case. You will have to get any diaries, documents together and form a very coherent defense with an attorney; if your brother brings suit you will defend in court.
If he contests a will in the USA he would have to pay court costs, but I don't know how it works in Canada.
This is legal work.
I cannot tell if you are currently not only the beneficiary of your mom's will but the executor.
The note you have written us is a bit scrambled and difficult to make out.
I also admit I am clueless to the laws of Canada.
I can only wish you good luck and tell you that this is likely going to work its way through the courts. Your first step should be to speak with the attorney who made mom's will and ask him if he will defend you on contingency basis. He is the one most familiar with your mom, her will, and what the brother may do.
This may take some of your inheritance away, but you must have access now to legal help.
Good luck. Hope you will update us.