In this case, two brothers became embroiled in a bitter lawsuit over their mother’s estate and the sale of a tract of real estate. The issue was whether one of the brothers unduly influenced his mother to disinherit the other brother – the plaintiff in this case.
What are the cases of disgruntled estate beneficiaries?
The mother was described as “strong-willed, forceful, and intense” about her decisions and the evidence strongly showed that the mother was in possession of her mental faculties at the time the documents disinheriting the plaintiff were drafted.
What was the issue in the estate of Bader?
In re Estate of Bader, No. 1-091/10-1097, 2011 Iowa App. LEXIS 654 (Iowa Ct. App. Jul. 13, 2011). The issue in this case was whether a son had to reimburse his father’s estate. The father served as guarantor on his son’s bank loan, and paid it off when the son defaulted. But, the son argued that his “bailout” was a gift from his father.
Who is the sole beneficiary of a disinherited estate?
In 2004, the mother spoke to her attorney about disinheriting the plaintiff and his family and executed documents to that effect. The remaining brother was to be the sole beneficiary of the estate.
How long does it take to settle an estate?
Estate settlement requires a broad range of skills and carries a long list of responsibilities, from preparing and filing taxes to resolving conflicts among beneficiaries. It also carries significant legal liabilities and requires a commitment of time and energy—it can take as much as two years to settle even the most straightforward estates.
Can a brother sue the sole beneficiary of an estate?
The remaining brother was to be the sole beneficiary of the estate. When the mother died, the plaintiff learned of his disinheritance and promptly sued his brother for unduly persuading his mother to change her estate plan. The trial court found no evidence of undue influence, in this case, and refused to invalidate the 2004 will and trust.
Why is it difficult to settle an estate?
Most experts agree that personality differences are the main cause of conflict during the division process of an estate settlement. Without understanding these differences, keeping the peace and avoiding conflict will be much more difficult to accomplish. Rule # 3 – Try to gain an understanding of personality types of the other heirs involved.
