Windsor, CA Estate Planning Law Firms & Lawyers

Your summary is confusing. A court does not make anyone POA. That had to have been done by your mother, when she knew what she was doing. Since your brother appears to have POA, the best thing you can do is to try to keep the line of communication open with him and make sure that your mother knows that you are there for her and will support her in any way that you can. Further court proceedings would not appear to make much sense, under these circumstances.

This is a very complicated case, and it is going to need to be decided by a judge. When you are in court, a lot of different things can happen. The fact that you have apparently made all the payments will likely make a difference. You should have an attorney to assist you, however, because your house is on the line.

I am not certain what you mean by a will being "recorded with the department of recording". Wills are typically NOT recorded anywhere. Original wills, after the person who made (signed) the will has died are supposed to be "lodged" with the Court in the County in which the decedent resided. Afterwards, assuming there is are assets, the executor or other interested person should file a petition for probate. As to the witness issue, generally speaking you cannot be considered a valid witness to a will if you stand to gain by the terms of the will. You should consult with a experienced probate attorney in your area as soon as possible.