My mother has dementia, I was her caregiver for 10 years and 4 months ago she was manipulated by a friend to have me put out of the house, I moved in with her in 2012 when she was alone. I have had no contact with her since January 2nd 2017. Some time ago, 2011 I think it was, I went with her to the Lawyer to revise the Family Trust, leaving me her house and property free and clear when she passes. I need to know if I can sue her for Breach of Contract or Agreement. One of my brothers was the Executor, but wants nothing to do with it now. My other brother has taken over, plans to make changes to the Trust in April. What can I do to be sure that the Agreement for the house and property remains the way it is. My mothers' mind was fine when she made the change in 2011 but she has had dementia for 3 or 4 years now and not capable of making her own decisions because of this outside person still manipulating her.
Yes, you can sue a family member without having an attorney.
However, if you want to win, you should get an attorney.
Q: Can I sue a family member without the use of a lawyer?
A: Sure! And as legal expert Chris Rock once said, "You can drive a car with your feet if you want to, that doesn't make it a good idea!" (or words to that effect)...
You've got a complex situation, why not get someone used to dealing with such situations involved? Or not, up to you...
This is not legal advice. I am not your lawyer. You are not my client. You cannot rely on my response to your question. My response to your question is probably worth exactly what you paid for it. You don't get to sue me for anything. If you'd like to sue me, well you have to hire me first.
Being a beneficiary of a trust does not give you contractual rights in and of itself. Do you have a caregiver contract? If so what were the terms? Was the lawyer, your lawyer of your mother's lawyer? Trust litigation is complicated. If you cannot afford an attorney you should contact Legal Aid Center of Southern Nevada (www.lacsn.org) to see if you can qualify for a pro bono attorney. Many firms will offer a free or discounted consultation, so at a minimum you can understand what you are up against and the costs associated with the same. Best of luck to you.
This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not. If this answer is helpful, or is the best answer please mark it accordingly. Good luck.
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