Parents live in Maryland.
I'm also far away from parents in another state.
My only adult sibling (brother) has chosen to become estranged from me and our parents, now in their mid-70's. I'm skipping the story, but trying to hit the headlines.
My questions are this:
Legally, am I obligated to my brother in any way upon the death of our parents? If not as his sister, would I be as the Executor of our parents estate?
My father says as the executor of their will, I should have no worries because it's common sense my brother doesn't want to be bothered so contacting him would be wasted effort. If he doesn't stay in touch to know what happens to them, it's on him. Is my father's understanding correct? I replied that common sense has nothing to do with the law. Additionally, without a preemptive defense strategy of some kind, how can I guard against my brother from making up some awful story of how I plotted against him unfairly to withhold his fair share of the estate? To my knowledge, my parents don't have him listed in their will, however, they have laid out instructions. All my father says is not to be worried, but my father is not an attorney and he believes common sense applies. These are two very good reasons why I'm still concerned and additionally, I hate what has become of us.
My father believes a will from **** is good enough. I'm worried flimsy wording, not using the right language or applying "common sense" will leave me wide open in having to contend with an unpleasant sibling during a difficult time. It's easy to accuse someone, but it's quite difficult to prove state of relationships, texts, words said, decisions, motivations, etc. How can I document that he has estranged himself from us? I don't look forward to being painted as the evil sibling that stole everything that was to be had from our parents and didn't even have the decency to call when our parents died, but I'd sure like to be able to prove, especially to any court or Judge as well as to my nephews (his sons). This has been going on for years, but his total estrangement from my parents is just a few years old. He's been warming up to this for a long time. I've reached out twice for trivial matters concerning our mother and his only reply was, "leave me alone." I've had enough, but I'm concerned about the future as it looks bleak and scary.
What would you do if you were me? Any help or suggestions would be welcome.
Edited by FindLaw_AHK, 11 February 2013 - 11:24 AM.
This post has been edited to remove personal or identifying information. -Moderator