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

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 brother never helped i arranged and paid for funeral and now i am responsible for nursing home 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. 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. 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 it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

  3. 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.

  4. 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.


    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

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