Debt free but facing lawsuit

**minnie1928** · 08-06-2008, 11:07 AM

I wish I had some really great advice to give you, but I don't. I'm sorry you have to go through this, especially with your brother.

I think in situations like this you just have to go with what your gut is telling you to do.

Good luck...

**Aleta** · 08-06-2008, 11:23 AM

Do you have any siblings? As you said, there is no certainty that you can win this suit. People and attorneys have postponed for years to the frustration of everyone.

Could you get another opinion from another attorney? Is all of this going to be worth all that you are going through now? If there are other siblings, maybe they can help?

Is your brother competent emotionally. Maybe a third party could step in. Sorry you're going through this, but thank goodness you're out of debt now

**Joan.of.the.Arch** · 08-06-2008, 11:58 AM

Oh, you have my sympathy!

Just reading what you wrote makes me feel dragged down and stomped on. What a situation! I think I would simply walk away from it, forgetting there ever was an estate. I know I'd be angry and would have a lot of tears over this no matter what I did. But for me, walking away would be for my own sanity. Otherwise it could eat me alive. I'd let the lawyer go, but I probably would not tell my brother that I had done so....What is wrong with your brother? Is this a surprise or all in character?

**Merch** · 08-06-2008, 12:45 PM

Your portion is $175k . Could you sue your brother for your legal costs? Could you lawyer take that as payment?

I think I would continue to fight and sue your brother for legal expenses. I would also stress to your lawyer that you expect to see progress and timeline that out. By next month I expect to see such an such or we going down this path.

**gamecock43** · 08-06-2008, 01:16 PM

my mom sued her sister when their mom died. The two parties met with a mediator for an appointed time. The mediator listened to both sides, looked over documents and awarded my mom $13,000. It was better than the $0 my mom was slated to get. My mom had previously hired a lawyer who did some work and told my mom the estate was so small that his fees would gobble up all profits, so he suggested the mediation.

**maat55** · 08-06-2008, 03:30 PM

I would step away, put on a mask and punch my brother in the nose more than once.

**MiikeB** · 08-06-2008, 03:36 PM

My mom recently went through this, however there attorney only charged 5k, plus like 5% of what he won. It took her over 4 years to finally get the money, and then she still only got 150k of her half of a 500k estate.

Its sad what money can due to people. My advice is look for a lawyer who will work for less + a percentage.

**skydivingchic** · 08-06-2008, 04:09 PM

Personally I would walk away from it - I just can't imagine how the potential reward would be worth what you are going through now. And there is always the possiblity that you could never see a dime of the estate. Then you would have spent all the sleepless nights and attorneys fees for nothing. I would also cut the brother completely out of my life.

**m3racer** · 08-06-2008, 04:22 PM

Forget the attorney. I would call your brother and reason with him. If the situation is not resolved than I would walk away. I would tell him that he could "go to hell" and that he's just lost a sibling. He's no longer part of your life....period. It's absolutely unbelievable how $$$$ can make people behave. Good luck.

**disneysteve** · 08-06-2008, 05:56 PM

I'd ditch the attorney and move on with my life. What you are spending is nuts for such a small potential reward. You've already spent 24K. You owe another 15K and the lawyer estimates it could costs another 50K to finish the case. That adds up to $89,000 and your share of the estate is only worth $175,000. It isn't worth the cost or the hassle even if you ultimately do win and get your full share.

Forget about it, move on and forget about your brother, too.

**scfr** · 08-07-2008, 05:34 AM

My suggestion would be to go ahead and give the settlement a try. The result can't be any worse than what you are currently facing.

Are there any state government agencies you could contact, to see if they could investigate your brother's illegal activities?

**Scanner** · 08-07-2008, 01:34 PM

It may sound trite. . .but I always live by "Follow your attorney's advice." It's what you are paying him to do.

That being said, I say, "In for a dime, in for a dollar." You have gone this far. . .I'd finish the job and sue him and let him not have a penny either. Let the attorney's get rich and have your parents estate.

Is it petty? Yes. I guess.

But what's the choice? Just let him have everything? What message does that send? Your brother can wear out his opponent and get his way?

If he wants to settle, you can always have open ears. I think a settlement is in everyone's best interest.

But if he doesn't, then take him to the mat.

**DebbieL** · 08-07-2008, 02:32 PM

I agree with Scanner 100%. I would fight to the bitter end over this one. It's the principle that matters to me. I would also try to get him to pay the legal fees (you wouldn't be in this position if he weren't a dishonest, selfish arse). Good luck to you!

**PrincessPerky** · 08-08-2008, 09:07 AM

Ultimately your own happiness is what matters.

But for me letting someone get away with stealing doesn't sit right.

Though it might be better to wash your own hands of it in a way...see if you can get him to work for a percent, even a large one, so you can go on with your life while he prosecutes the theft..if you ever see a dime great, if not, you handed it off to the best law the US has, you are not obligated any further.

Debt free but facing lawsuit