My mother passed away a few weeks ago and my brothers is now tr ying to sue me for my mothers remainng assets..

Asked over 1 year ago - New York, NY

i was the power of attorney had moved all my mothers assets because she was in a nursing home and did not have medicade i found 2 ladies to take care of her privately until she got approved. it never happened since she passed...the money that was transferred was in 2 annuities to which i was beneficiary for both and joint holder on my mothers bank accounts...i have been her caretakers for approx 6 years...my brother never helped i arranged and paid for funeral and now i am responsible for nursing home bill.....my mother already gave my brothers about 80,000 over the years and did not want him to have anything else....does he have a case .

Attorney answers (4)

  1. Edwin Drantivy

    Contributor Level 18

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    Lawyers agree

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    Answered . Consult with an estates attorney with litigation experience in order to evaluate the strength of any claim that you may have here. Bring the a complaint and any other documents that you wish to analyze.

  2. Elan Wurtzel

    Contributor Level 10

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    Answered . The previous answers are all great--you need to consult with an attorney. Having a POA enables you to act on your mother's behalf--but such actions must be for her benefit, not yours--unless that was part of her testamentary plan. On the joint accounts there may be a question of whether you really are the owner or the account belonged to your mother and your name was on it as a "convenience" to her, in which case the value might come back into the estate.

  3. Jayson Lutzky

    Pro

    Contributor Level 20

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    Answered . Consult with an attorney and do not speak with your brothers until then.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  4. Charles Adam Shultz

    Contributor Level 19

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    Answered . The others give good advice, especially Mr. Wurtzel. You need to see an attorney immediately. Based on your facts, you could possibly be civilly and criminally liable for financial elder abuse. You thought you were doing the right thing but that's irrelevant. If your mom wanted to equalize gifting, she should have done so while she had capacity or drawn up a will stating so.

    You would have a right to claim fees for your care taking services, but you need to do that in the proper manner.

    While the POA gave you rights to control, you had to do so as a fiduciary for your mom, not for your own benefit.

    GET TO A GOOD PROBATE ATTORNEY IMMEDIATELY.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more

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