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Legalease
Legalease, Attorney
Category: Estate Law
Satisfied Customers: 16288
Experience:  15 yrs experience: Elder Law, Wills, Social Security Issues
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I have taken care of my mother five years. My two old

Customer Question

I have taken care of my mother for almost five years. My two old sisters did not really care for mom. Seven years back my oldest sister Pam, was the executor. At that time my mother had a stroke and heart attack. She was in a comma for 16 days and thank the lord she woke up and was feeling good. That was in 2008, Sept,17. My sister Pam told me that if this ever happens again she would let mother die. Now here it is 2015 and Pam planned her death along with her husband. It started at the nursing home when my husband and I took her in to rehab for her legs. July3, 2013 at Creastview all the nurses and doctors came to meet mother. I had told the staff she had two small scabs on each side of her hips and show them. I also told that the doctor at Creastview that the doctor at the hospital said that Creastview would have no problem clearing them up. Todd and I went to see her on July17, 2013 and I thought I would take her diaper off too see how the scabs were healing. I was shocked and total upset to roll back the bandages to see the date was 7/3/2013. They had not been change in two weeks and the two nurses saw it. My mother could have been saved if she would have went to the hospital. There is so much more to tell you, I just can't believe what my mother when through,. She was totally a victim between Pam and Creatview. My sister Pam said she doesn't want to look at her scores and never will. The doctor left it up to Pam to be the Doctor and he told me so. Pam had me police x-courted out of the nursing home After I was not able to see my mother Pam and Les planned her death. All mother need was to go to the hospital into the wound center. Pam and Les and Bart and Carol did not see our mother for two years before she died and all of them lived 15-20 minutes away. Les did not like my parents because Dad kick his mother out of our house because she was noxiously drunk and Les was too. Les called ***** ***** and demanded to have Jackie give him $10,000.00 for the funeral because his mother-in-law was doing to die next Friday Oct,11, 2013. Guess what she did die that following Friday. What I would like to know how in the heck did he know she was going to died that day without planning it. Beside that Les wasn't even a son or a brother to me . He had no business getting envolved like he did and plan her murder. There is so much more to tell you
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Submitted: 1 year ago.
Category: Estate Law
Expert:  Legalease replied 1 year ago.

Hello there --

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I am very sorry to hear about all of this and the stress that you are under must be enormous. I am happy to answer any questions regarding these matters that you may have (this is a legal question and answer service and while we are not permitted to represent customers in an offline capacity, I am happy to give you as many suggestions as I can regarding these matters, but you have to clarify somewhat the questions that you do have so that I can get a better handle on your situation.

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Are you seeking assistance regarding how to respond by Oct 9 to their accusations that you depleted your mother's assets without good cause and for purely selfish, greedy reasons (when in fact what you did was very legitimate in the eyes of the law-- your mother was permitted to choose whomever she wished as a caretaker and your mother was legally obligated to pay that caretaker a decent living wage for those duties during the years before she died, -- If you are seeking some guidance regarding how to answer these accusations to the court, the manner in which the court approaches such issues is as follows -- the court will seek guidance from you regarding how much a home health aid and licensed nurse might receive for the same services during that time period if your mother had actually reached into her own bank account to pay for these services to an unrelated third party. As her caretaker at that time, you were entitled to receive just and fair compensation just as if you were employed by her like a gardener or a housekeeper or a janitor. You can contact staffing companies who provide such domestic home help to customers and ask what the pay rates are for any job that you believe that you performed while you lived with your mother and took care of her. You then multiply that amount times the days, weeks and months and YEARS that you spent performing these duties for her and you also add in an amount for any car gasoline and maintenance charges if you used your own car to assist your mother during that time period. My bet is that when you get done with your calculations you will come up with an amount that is not that far off from the amount of money that your sisters accuse you of "stealing" from your mother's accounts -- and the court can accept all of this information from you as evidence against your sisters claims. The fact that the money came from an account that was purely your mother's account to do as she pleased AND that your mother was never declared mentally incompetent with the court will all help your case (if your mother was mentally competent then she had the right to assist you with your expenses in exchange for the help you were giving to her every day through the end of her life). If your sisters actually had a real case against you for "stealing" here, they would take the matter to the police -- but the fact of the matter in your case is very, very clear -- your mother was an adult who had full use of all of her mind during the last few years of her life and she was free to do with her money what she wanted to do with her money (even if she bought you a porsche and sent you on a trip around the world !!)

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Regarding your belief that there was foul play involved in the ultimate death of your mother -- while the circumstances do sound a bit strange from my standpoint, it is still very difficult for us in an online advisory position to assess such claims and cases and the best thing that you can do here is that if you have any proof at all that there was foul play -- then you should go to your local police or sheriff's offices (if these offices do not seem to take the matter seriously , then you can contact the state police office closest to you (you can find their location and contact information online ) ==one of these offices is certain sure to come out to the hospital and at least talk with the doctors, hospital staff and other potential witnesses about how your mother died and whether or not there is any proof to show that there was murder involved in this situation.

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Please let me know if you have any more questions and I am very happy to answer them -- if you want to give me some more information to get me to clarify certain legal items for you I am also happy to do so. If you have no further questions, can you please press a positive rating above in the ratings section before leaving the website. The middle star or the fourth or fifth star on the right are all positive rating stars. Unless you press a positive rating before leaving the website, I will never be paid for assisting you today. So, I do appreciate it if you can press that positive rating before leaving. Pressing a positive rating will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time helping you today. THANK YOU VERY MUCH

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MARY

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Expert:  Legalease replied 1 year ago.

Hello again --

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I see that you reviewed my lengthy answer to you above and you have not yet pressed a positive rating for my time (the middle star or the fourth or fifth star on the right side of the middle star are all positive ratings that can be pressed to insure that the expert is paid for their time assisting you)

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Do you have any additional follow up questions for me on these matters? If not can you please press a positive rating above before leaving the website so I will be given credit for assisting you and be paid for my time assisting you tonight and previously. THANK YOU VERY MUCH

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MARY

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