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Many good answers here but if your brother doesn’t stop, tell him you will have to go to court and get an order of protection against him.
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You need some space!

1. Funeral home needs to deal with this clown on their own, this is not directly your problem to solve. This won't be the first time someone has made their work difficult. So write that off as your burden.
2. Is there a lawyer helping you with the will/trust? If so, tell brother that forthwith all communications are to go through said lawyer, and you're blocking him on your phone. And then block him.

For cripes sakes, you don't need this right now, of all times! And there are things you can do to alleviate. Good luck!
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Butterfly72 Sep 2020
Thank you for your comments. The Funeral Home is doing everything they can with regards to my B. We have had to deal with treats of snatch and grab the urn, dig up the urn. This is one time I am Thankful for Covid-19! The situation is out of a movie. I am the only person the Funeral Home will talk to and we now have a password. Niece was trying to impersonate me. I have met with every request and demand that was humanly possible. Mom had specific instructions and B never wanted to hear them. Thankfully I am a very strong person and have all the ducks in a row,
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Make a copy of the will - the page that names you as executor. You may well be executor to handle the tangible things of the estate, but does it say for you to plan the funeral on your own? He is a child and should be included on the plans unless otherwise said so in writing. He may be difficult, but include him in the process.

If anything other than funeral planning is discussed, refer that to the process of the will that will take place after the funeral. I am wondering if there is no info about funeral planning because funeral home is actually having conversations with him or they wouldn't be irritated. Is it at all possible he is asking for something to be done at funeral that could be accommodated just to satisfy him for now...and maybe you have dug your heels in because of conflict. Think about it and consider.
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Butterfly72 Sep 2020
Thank you for your comments. The planning of the funeral was given to the funeral home and myself years ago. B never wanted to hear about this. I have attempted to include him in every step but he wants no part of it until it is done and then he wants to change it! I have not dug my heels in as the conflict has been on going for 30 years, When he starts with the conflict I just stop listening until he calms down. I have posted for over a year on this forum and somethings will never change.
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Butterfly, I'm sorry to learn of this turmoil just after an already trying event.   I've been through this, other than someone trying to override anyone else's decisions.   

Just to clarify, you wrote that both the Trustee and the funeral home have the original will.    One may have "conformed" copies, but they both can't have the original will.   Just a clarification...

You should DEFINITELY save all his texts; it wouldn't hurt to print them out.   They may be evidence if he continues his verbal assaults and attempts to meddle.

This is what you can do:

1.   If he's an heir, you can send him a copy of the appointment clause in the Will.   Eventually you probably will have to address whether he inherits anything, but your first priority are the burial issues.

2.  I would take control, now, and advise him in no uncertain terms that you are the one designated to be in charge, that YOU will make the arrangements and notify him when and where the funeral will take place (if you're actually having one).    Also be clear that unless he has specific questions, you won't consider his advice, criticism, or any other meddling.  Period.

That's what I did, and it worked.   I also emphasized the issue that support was lacking when it was needed, and I wasn't going to be "bossed around" now.  

Then follow through; don't accept calls; save the text messages, and do what you have to do to finalize arrangements and move forward.   You may not be an aggressive person, but it might be necessary at this time.

One question:  you wrote that you're the Executrix but there's also a Trustee.   So if there is a Trustee, the two of you I assume will be working together, but the Trust typically will require much more work than carrying out the Will.    Have you discussed this and agreed on what the next steps will be?
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Butterfly72 Sep 2020
Sorry for the confusion. A Public Trustee was appointed due to mishandling of mom's money and care. He has tried his best to deal with B. I am the Executrix of the will. I had been POA also but B took mom to a lawyer just before Covid-19 (not the family lawyer) to have mom change the POA to himself. Things started to downhill so the Public Trustee was appointed and the POA was withdrawn for legal reasons. I have tried to discuss the Will but he wants nothing to do with it. At this time the Public Trustee and myself are finalizing all paperwork before the Will is read.
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I don't really understand. JoAnn apparently did enough research to know this brother was POA and was caring for Mom. Is there something he would or would not want done at the funeral. Is it something you can accommodate?
As to the will (you mention a will and a trust?) I agree that you should continue with your work on it without his help. I will tell you that I recently settled the estate of my brother as his Trustee, and I did hire a lawyer, whom I needed to use very little, but when I did she was an absolutely godsend. Without her I would not even have an EIN today with the backlogs at IRS. She was wonderful and she only used a few hours, so well worth it. She wrote my letters to any party with an interest in the trust; she made certain all i's dotted and all t's crossed. I came to just love her. I recommend a lawyer if there is any money at all. If the money is now essentially gone, I STILL recommend it, just to close this all out and satisfy the brother.
My sympathies on your loss and I hope you find the great peace that I have found in my own case.
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Butterfly72 Sep 2020
I only found about B taking mom to a lawyer to change the POA to B once mom was hospitalized. He would not give the hospital the information required, he felt that his word would be good enough. At that time mom was of not sound mind but the lawyer did the paperwork anyways. The POA was revoked with in 6 weeks of having been signed. I need to find a friend who I can tells the entire messy story. I am relieved that mom is now at peace and no longer has to deal with these things.
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This is the brother who had care of your Mom and was abusing her? Who had POA?

Good or bad, he has held controll all this time. Its going to be hard for him to give it up. Sort of between a rock and a hard place here. POA stops at death, Executor doesn't take over until the Will is probated. I would just ignore him and tell the funeral director the same thing. With COVID, are you going to be able to have a full funeral? Maybe just placate him. Same with funeral director. Just say yes and do what you want.

I would recommend that you start Probate as soon as ur state allows it. Mine I think its 9 to 10 days after the death. This will at least establish that you are Executor. Probate will need the original Will to file it. Then its public record. You will get a copy. You can then give brother a copy if he is a beneficary if not, he is an interested party. At this point brother will just need to wait for an accounting. Debts will need to be paid. As Executor you are entitled to a % of Moms estate. My state its 4% and goes down as the worth of the estate goes up. I don't think you can close Probate till a certain amount of months go by, my state 8. This gives debtors time to put claims in. I had a lawyer in the final steps of Probate. He did the accounting. May want to do this since brother is such a pain. Brother will not get his inheritance until he signs off on the accounting.

So sorry about your Mom. I know the whole situation with her and your brother have been heartbreaking. Now its do what needs to be done. Close out her life, he gets his share and then you can walk away and have nothing more to do with him. And make him aware, your done and he is not to contact you in any way. He is now on his own. And stand by that decision. Never give in because you'll just get sucked back in to his drama.
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Butterfly72 Sep 2020
Yes this is the B! The Public Trustee and I are now handling all paperwork. There are 2 storage units full of mom's things and B will not pick them up, so as of the end of September everything will go to auction or donated. The money for the storage units has been coming out of the Estate.

Each evening I turn my phone off so that I do not have to put up with his texts. I have saved everything as I have been advised by Public Trustee and the Funeral Home.
(4)
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Death and grief tend to bring out the worst in people, especially those who were UNHELPFUL during the last days of the loved one's life. I suspect this describes your brother.

Save all those texts and audio messages! You may need them as evidence later.

Tell the funeral home to deal ONLY with you and ignore your brother.
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Butterfly72 Sep 2020
The Funeral Home and I have a security code in place as certain person has had people call saying that they are me. They deal only with me!
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Consider very carefully- you are doing what is right and honest, and NOTHING he does or says can touch you.

If you have a close friend who can do this, have THEM save the texts once a day, but don’t read them.

If anyone complains to you about his co duct, briefly and firmly state that you are the final authority regarding your mother’s estate and that he has NO LEGAL SAY.

Do whatever you need to do to protect yourself.

If you are honest and truthful and legally covered, you have nothing to fear from him.
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Butterfly72,
I'm so very sorry about what you've been going through. Now is the time when family needs to stick together. Loosing a parent is the hardest loss. Especially if you were the one caring for her. For me it was almost like loosing my child. And you haven't even had the chance to truly grieve yet. My 1st thought was to tell you to block your brother's texts. But someone told you you may need those for court. Unfortunately that's probably going to be very true. Butterfly72, I think I would just try to ignore ALL his texts, including ones asking for information. He may only be asking for "information" just to see if you're still reading his texts and haven't blocked him yet. I don't remember, did you say you've been to see an attorney? If not, I think you should. I know it's just adding another thing on your enormous list of things that need to get done. But the attorney would be able to give you great advice on what to do and it may even be able to mark off a thing or 2 on your list. You are in the right. Your Mom made YOU the one to take care of things afterwards. I'm so sorry Butterfly72. I can only imagine the stress this is causing for you. But, it will get better.
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Butterfly72 Sep 2020
Thank you for your comments.
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I have had issues with siblings. I blocked their number. Sometimes there is no reasoning with them. Don’t stress yourself out.

Best of luck to you.

I’m so sorry for the loss of your mom.
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Call the police and have the court issue a restraining order on him.
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Butterfly72 Sep 2020
The police have been involved to to abuse and a restraining order is being strongly considered
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Just completely ignore the text. Tell the funeral home to ignore him as well. This is fairly common.
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Butterfly72 Sep 2020
Thank you for your comments, Funeral Home is only speaking to me.
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