A am sorry for the loss of your brother. Your options will depend partially on funds. If your brother was particularly wealthy, you can potentially invest his capital through a created foundation and use the interest for the purpose of the foundation.
If you have less funding, and will be using a model that seeks charitable donations, then a business attorney can help you establish a non-profit and will be able to take you through the steps to get to where you need to be.
First, a power of attorney terminates immediately upon death.
Second, if your mother is actually the executor, then you can challenge her appointment for cause. You will not be successful if the reason is not legitimate, or if you do not have facts and documents to back up the removal. If she is mishandling money, then this may be a viable reason for removing her as executor.
You should contact a local probate attorney and go over exactly what is going on in great detail.
Yes. If you gave him the money for the condition that he sell the house, then his failure is a breach; and you are entitled to damages at law or restitution damages to disgorge the benefit you gave him. Small claims court for an amount this small.
Once you have already filed for chapter 7 bankruptcy, the bankruptcy court will deny a discharge in a subsequent Chapter 7 case if you already received a discharge in your previous chapter 7 or chapter 11 case if it was filed within the last eight years. In simple terms, you can obtain a chapter 7 bankruptcy discharge every eight years. The eight year time period starts to run from the date your previous case was filed.
The bankruptcy court will also deny a Chapter 7 discharge if the debtor...
Find a different attorney and start the process over again. A bankruptcy may be better than a debt settlement, but you should talk it over with an attorney who will do a better job of customer service.
The lifetime exclusion is determined at the time each gift is made. Once the gift exclusion goes back down, any prior gifts are not then subject to tax, but further lifetime gifts over the then current amount is taxable.
So, this year, with an individual unified credit of $5 million, you made a gift of $4 million. No gift tax.
If next year the unified credit returns to $1 million. No tax. But if you make a gift of $1 dollar, that dollar will be taxed at the gift tax rate.
She does not "need" to but she is entitled by law to be named executor over all community property - and unless the Will states otherwise, likely has a first opportunity over non-community property as well.
Transferring the property now won't do anything. Even if you did, he could claim it was still part of the marital estate and come after it. Instead, you should probably hire an attorney asap to try and make sure your monetary and property rights are fully enforced.
he may have an equitable interest in the growth of the company - that will have to be negotiated or determined by a judge.
If he does not have licenses he is required to have, then he may be liable for fraud and misrepresentation. If you have not been damaged yourself, you do not have standing and cannot sue yourself. In that case, you can report him to your local prosecutor's office.