How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask AlexiaEsq. Your Own Question

AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Estate Law
Satisfied Customers: 11738
Experience:  19+ Years of Legal Practice in Estate Law.
10805288
Type Your Estate Law Question Here...
AlexiaEsq. is online now
A new question is answered every 9 seconds

my 96 year old mother in law lived with us for two years.

Resolved Question:

my 96 year old mother in law lived with us for two years. My husband is recovering from a 3 way bypass and I have serious health issues. During this time my husbands brother was no help at all. We just realized that taking care of her was too much for us. We thought the sister/daughter was going to take my mother in law for a few days while we figured out what to do, instead she just dumped her on the brothers doorstep. She is 80% blind, and definitely cannot fend for herself. They leave her alone all day. Within two weeks they made an appointment with a lawyer, and made the brother the executor, then instead of splitting everything in thirds, has given him the more expensive property, plus put the daughter-in-law in the trust (who has never liked the mother in law) and my husband, who was the executor is now in 4th place. Its just so odd that the trust was fine for years, but once they got stuck with her, they got her to change everything. More important, I want to know if it is legal to leave someone that age, being basically blind and deaf alone all day. Also, they tried to keep her great granddaughter from bringing over her new great great grandson to see-she did get to see him for a minute, but apparently only after a lot of choice words-my mother in law kept saying she didn't want to see him-but that is totally unlike her-she was so excited when he was born. The granddaughter and great granddaughter said she looked awful. Nothing adds up.
Do you feel that the changing of the trust, especially so quickly, or any of the other things I have told you could possibly be elder abuse? Wouldn't she at least need a psych evaluation before changing a long standing trust? Please let me know your opinion, and what we should do if anything. Thank you.
Submitted: 10 months ago.
Category: Estate Law
Expert:  AlexiaEsq. replied 10 months ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing Estate law for 19 years and look forward to assisting you.

my 96 year old mother in law lived with us for two years. My husband is recovering from a 3 way bypass and I have serious health issues. During this time my husbands brother was no help at all. We just realized that taking care of her was too much for us. We thought the sister/daughter was going to take my mother in law for a few days while we figured out what to do, instead she just dumped her on the brothers doorstep. Nice.

 

She is 80% blind, and definitely cannot fend for herself. They leave her alone all day. Within two weeks they made an appointment with a lawyer, and made the brother the executor, then instead of splitting everything in thirds, has given him the more expensive property, plus put the daughter-in-law in the trust (who has never liked the mother in law) and my husband, who was the executor is now in 4th place. Its just so odd that the trust was fine for years, but once they got stuck with her, they got her to change everything. If you think that she is not of sound mind or able to assert her wishes for herself, you may be able to contest the transfers of her property or changes to her will once she passes and someone tries to enforce it.

 

More important, I want to know if it is legal to leave someone that age, being basically blind and deaf alone all day. That will depend on if she has chose it or not. I am assuming she just allows things to go along. Your option is to seek guardianship over her so you can make appropriate decisions for her care - presumably, that may include getting her into an assisted living or nursing home, since you indicate her needs are greater than you can provide, and apparently more than the sister or brother are willing or able to provide as well.

If she has assets, that can be used to put her into a decent place, if she doesn't, Medicaid can cover what her income (SS?) won't be able to cover. At least you can rest assured that she is being somewhat cared for (and the facility will be the deciding factor, some are terrible, so you will hope to get her into a decent place).

 

Also, they tried to keep her great granddaughter from bringing over her new great great grandson to see-she did get to see him for a minute, but apparently only after a lot of choice words-my mother in law kept saying she didn't want to see him-but that is totally unlike her-she was so excited when he was born. The granddaughter and great granddaughter said she looked awful. They can be great witnesses if you seek guardianship, to establish that the brother is not able to provide proper decisionmaking.

 

Nothing adds up. I understand.


Do you feel that the changing of the trust, especially so quickly, or any of the other things I have told you could possibly be elder abuse? It could be financial exploitation or fraud. How did you find out about it? Did your brother in law call you and say, "Hey, just so you know, Mom decided to give you next to nothing to inherit, giving most of it to me! Just thought you'd like to know :)


, Wouldn't she at least need a psych evaluation before changing a long standing trust? Not at all. We are all presumed competent until someone petitions to have us NOT competent so that we can be properly cared for. That is something you can choose to do - you will probably want to get a lawyer on that.

 

Please let me know your opinion, and what we should do if anything. Thank you.I would suggest guardianshp - that will give you the authority to place her where you wish. It is a big responsibility of course, but it should serve your desires to keep her safe. And once she is save, lucid, etc., you can have her review her estate desires and, with an attorney, have her re-do her estate directives to her true wishes. Consider video taping her explaining what she wants and why, so if anyone later contests her will, saying she was mentally unable to decide such things, didn't know what she was doing, you can produce the video illustrating her fine mental state at the time she made that decision.

 

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Alexia Esq., ONLY" if you want me to specifically answer it.

Sincerely, XXXXX XXXXX

Your online legal resource!

AlexiaEsq., Managing Attorney
Category: Estate Law
Satisfied Customers: 11738
Experience: 19+ Years of Legal Practice in Estate Law.
AlexiaEsq. and 2 other Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.