Legally, he cannot do this. But if he does it, you will need to hire an attorney to complain to the court. You should consider retaining an attorney to write to your brother and set him straight, before this goes any further.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!
Mr. Frederick has the right answer. No your brother should not be able to offset the gifts that your mom gave you. However, it would be wise to hire an attorney to protect your interests.
It would be wise not to sign documents unless you understand what they really mean.
Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his answers to AVVO inquiries are based on his understanding of Illinois law only. His answers are for general information about perceived legal issues within this question only and no response to any posted inquiry should be deemed to extend any right of confidentiality between you and Mr. Smolinski, to constitute legal advice, or create an attorney/client or other contractual relationship. An attorney/client relationship is formed only by specific agreement including an evaluation of the specific legal problem and review of all the facts and documents at issue. We try to insure the accuracy of this information, but we cannot guarantee its accuracy. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.
I agree with the other attorneys. Your brother cannot do this, and if he insists on doing so, you may want to speak with a local attorney as soon as possible.
The above answer does not constitute legal advice nor does it create an attorney/client relationship. Rather, my answer is intended only to provide general information about the question asked. The question may not include important facts that, if known, would change my answer significantly. Therefore, please do not consider my response to be a substitute for competent legal advice from a licensed attorney practicing in your state and with whom you have an attorney/client relationship.