A: Keith’s answer: I wonder if you could be considered a third-party claimant in the estate. In Florida, for example, oral agreements are enforceable with generally a four-year statute of limitations. If she's serious about providing you remuneration for your support, she should have no problem executing a notarized promissory note to you and agreement to pay you; however, if not, there may be some physical evidence of her unjust enrichment associated with her support she agreed to pay you back on. Sometimes equitable actions can be grounds for a Will Contest, and if a person's not willing to execute an agreement, then your likely only recourse is to enter the probate case as a claimant, and sue the estate and her, unfortunately, The truth is the truth, and there is probably ample evidence to show you supported her and it wasn't a gift--moreover, it's tricky, but it's doable with a thoughtful, broad thinking attorney who reports to the court. We see this all the time, and it's often when a nice person like you decides to enter the probate claims (and the clock is ticking)--that the party whom is trying to stiff you is directed by whomever is handling the probate NOT to stick you. Try to get an agreement, and gather information and papers that evidence your support. MS is a hard disease, but it doesn't mean one gets to avoid unreasonably their commitments to others like you. If you can't get it done through the probate, then you might have to file a separate action, but we can look at that. If there's a judgment against a promising party--even in an oral agreement separate case, and that person comes into money, there's the possibility that the money could be then attached.

A: Keith’s answer: Phew, sorry to hear all this; but generally if a person commits this type of falsification the State of Florida could be wanting to file some charges, but like the first lawyer said, you have to be EXTREMELY CAREFUL NOT to threaten a person for civil or financial or other relief by threatening criminal charges. Criminal actions are brought by the state, and must be separate from civil or financial claims. One must decide if one wishes to file a proper, separate police or sheriff's report for such activities.

Second, and completely separate from this, we'd examine closely the damages to you and other beneficiaries or heirs by the actions of the sister. Parties who do this type of thing are subject to civil penalties, and possibly an action sounding in ejectment--removing her from the occupancy and possession of the estate. If there's an attorney letterhead that got stolen, that lawyer should know about that too--again distinctly separate from any civil or financial damages you might be entitled to.

The sister might be subject to a type of injunction, and a civil court might be able to Order Sister to return what she has taken under false authority. If she filed false papers with the court, this can also be called "fraud on the court," and subject her to other civil penalties including, but not limited to attorney's fees to address the proper recovery.

This is especially true when the wishes of the decedent (the person whom passed away) are not respected either by statute or by a will.

It's something we deal with often, and you need a solid consultation now.

A: Keith’s answer: You need to consult with a NV attorney skilled in foreclosure and probate. A lot of probate or other attorneys don't know squat about foreclosure. I can only tell you about my experiences in Florida and Nevada law is almost certainly different. The case must be examined from both the foreclosure and probate angle to see what can be done. The other responding attorney was correct in identifying the possible lien rights against the property that the Credit Union may have. I'd have that other attorney examine the service of process to the Estate, and ensure that the Credit Union has filed appropriate claims (if they have) against an estate, because in most cases one can't sue a person whom has passed away--although the Credit Union might have "in rem" or property claim rights. I'd also be looking to have a judge order a mediation immediately and request the lender pay for that.

The foreclosure may already be adjudged in your case with a possible "sale date" in October--if there are grounds to overturn that judgment, such must be examined. A lender does usually have to be paid, but there are defenses to such cases, and sometimes those defenses are absolute bars to a foreclosure action.

So find yourself a sharp shooter in foreclosure that has done a fair number of probate actions. It might have been too late to file a claim if the lender didn't respond to the probate notice, and in Florida, generally, that's 2 years. This is by no means legal advice--so get on your horse and find you a good foreclosure defense attorney whom is willing to take a close look at stopping the foreclosure, looking at grounds for relief, and getting a mediation ordered so you're talking to the right people. If you're not the executor/personal representative of the estate, you might need that person involved also unless you were named yourself or reference to you was made (unknown tenant, occupant, heirs, beneficiaries) in the foreclosure action or clerk filing. I pray that helps you.