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My elderly mother has run up a line of credit on her home since 2004, (unbenownst to me) I have been her primary support system

Katy, TX |

She owns 2 homes- one she lives in and one she leases to my sister for a very reduced rate. The line of credit is on the house my sister is living in. My sister is now in a panic, coerced my mother to give her POA, Through bank records, my sister has seen that my mother gave me money over the years. My sister is demanding I get a payment plan together to pay off the whole line of credit. She is calling it theft by manipulation. My mother has declined in the past year. The moneys she gave me is from a while ago and doesn't even equal, She helped me out a few years ago and at times has had me to work at her house and paid me ($50) or so maybe once every month. My sister told me that I should get my affairs in order and get ready for a legal battle?? Wondering if I should hire an attorney,

Attorney Answers 3


  1. Yes, it sounds like you need to immediately consult with an attorney experienced in elder and/or estate planning/probate law. You will need to meet with an attorney in person to discuss this complex matter. There is no way for an attorney to give you advice without knowing a lot more information.

    Look on this excellent website and the State Bar of Texas website.


  2. I agree with Attorney Brochstein. You need to get a better idea where you stand. Your sister will also need to hire an attorney, if she wants to pursue this. Depending on what the facts are and the evidence involved, you may have no problem at all, or you may have a problem. A lawyer can help you sort it out.

    James Frederick

    ***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!


  3. You don't absolutely need a lawyer until your sister serves you with court papers BUT you will be in a much better position to show that you have no obligation to repay your mother if you are proactive and consult counsel now. Basically, you may have to repay if you obtained money from your mother through undue influence, when she lacked capacity to make important decisions or the like but shouldn't have to repay if your mom just chose to give you money. A lawyer can help determine which scenario is more likely.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

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