Minnesota  |  Wills and Trusts

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1/25/08, 2:03 pm

Legal Question


Unjust Enrichment

My father died New Years Eve of 2007 at 85 years old. His will states to divide his assets equally among his six children. My brother, who is the executor, found that my youngest brother had been receiving checks of $1500 monthly for ten years, for a total of $180,000. This happened the time my mother was about to die of cancer. We were not aware of this and felt like my father was taken advantage of. My father was not a wealthy man with few assets. He had taken out a second mortgage, also not known to us. We felt like he did this to make payments to my brother. My brother has a job. He also a has a snowmobile, four wheeler, cabin, motorcyle, huge flat screen TV with sound system and hot new car. We thought our father's thinking was okay, but we don't know what to think, now. When he was in the hospital hooked to tubes, my brother brought a bank person in and had my father sign something so that my brother could write checks. We feel our brother received his share in life. Is this unjust enrichment? Must we follow the will?


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