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Man accuses brother of murder during probate litigation

| Nov 14, 2018 | Probate |

While many families may hope to come together after loved ones’ deaths, that is not always the case. Some individuals — siblings included — could end up facing significant disputes over the remaining estate of their loved one. Such cases could escalate to points at which probate litigation may occur to have the matter formally addressed.

New York readers may be interested in such a dispute currently underway in another state that involves accusations of murder. Two brothers are currently entangled in a probate lawsuit because one is set to inherit the majority of the estate. Additionally, one man claims that his brother had a hand in the death of their mother, who died by drowning in a hot tub. The man claims that their mother had an appointment with her attorney to make significant changes to her estate plans, but she died only hours before that appointment was to take place.

However, the judge involved in the litigation did not allow the claim to move forward. There was apparently no evidence of foul play and no evidence that their mother had an appointment to make changes to her estate. As the current plans stand, one brother is looking at inheriting about 85 percent of their mother’s $5.2 million estate.

Family dynamics can play a major role in whether probate goes smoothly. As this case shows, disputes among siblings over remaining assets can easily lead to probate litigation and other conflicts. If New York residents find themselves facing similar predicaments, they may want to explore their legal options.