I am the executor of both of my parents' estate, which involves a couple of properties. My father recently died and I have been working tirelessly with the estate attorney to settle the estate. My sister and I have been doing everything to support my elderly mother, while 3 of my other siblings have broken off into a faction and have made totally unfounded accusations, such as "hidden codicils". They refuse to communicate directly, other than by poison emails, and continue to fight me every step of the way.
I have kept my attorney in the loop, and he has assured me that I'm doing everything by the book and not to worry. I have reason to believe, however, that the sibling faction will try to coerce my mother to draw up a new will. While she has assured me that she won't sign anything, she is 92 years old and is quite impressionable.
My question is this: Is there anything I can do legally to preempt this situation? I do have power of attorney.
Where is your Mom living? Is she still in the family home? Do you or your siblings take care of her on a daily basis? Or does she living in a continuing care community? If she lives in a continuing care community, you can request the front desk to make a call to you any time someone takes Mom out of the facility. If Mom has caregivers from an Agency, you can request same from the Agency.
I think as FF queried the issue of accessibility to your mother would be key to the siblings attempting to manipulate her into making changes to her estate plan. If she's living alone or in AL or IL, there's more opportunity for them to secretly manipulate her. I agree with notifying admins of any outside facility or service to notify you, but be sure that you explain the situation and provide a copy of your POA so they understand the issue is one of protection.
As a last resort, and if you actually had proof, you could try to get a restraining order against them, but as of now there's really not much basis for it. And most likely it would increase their hostility toward you.
But by all means keep those "poison" e-mails, as those could be grounds for getting a PPO.
Are the "hidden codicils" in regard to your Father? What do those siblings think are in the codicils? Or was it something Dad might have said to those siblings? Like, "when I pass you will get all the investment properties"? Sometimes elders with memory issues will say things they don't mean, its the dementia talking.
Didn't the siblings want to have their Mom have everything that she and Dad worked for all their lives? What changes would your siblings want your Mom to make in her Will? I assume, correct me if I am wrong, that everything will be shared equally later on.
The issue though is whether this will agitate them more and they'll go after your mother to change her will.
However, if the property is for sale and proceeds are split evenly, what are their concerns? Did someone want the property all for himself or herself? And unless BIL was named as an heir, it's really none of his business.