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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 16054
Experience:  Licensed Texas General Practice Attorney
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Father dead, mother is dying, mother was coerced into

Customer Question

Father dead, mother is dying, mother was coerced into signing over house to/by ,sibbling 1.. Sibbling 1 lives in the home (NJ) as primary caretaker. Sibbling 2 has total control of mother's finances and lives in Cally. Father died apps two years ago. Mother was clueless about finance and bills. Mother has had evolving dementia for several years, worsened by father,s death. Mothers belongings are being sold off by sibbling 1 (cars, jewelry, furs, diamonds, etc.)....sibbling 1 is a known functioning crack abuser/user , has full teachers pension, heAlth care and disposable income...lives virtually free off moms income in the house... What legal rights do I have to property and money (90k... Approx) when mom dies given these circumstances?
Submitted: 1 year ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Assuming that your mother doesn't have a will in place, the property that is still owned at the time of her death is considered part of her estate, and the estate is going to be distributed in accordance with the laws of "intestate administration". When you and your siblings are the closest relatives, you'll be splitting that equally (again, assuming that she doesn't have a will in place). The good thing is that you can argue mismanagement and misappropriation of her funds prior to her death by sibling 1 (and sibling 2, if sibling 2 also has been mismangaging those funds). Now the main issue with that is that you'd need to file a case as the administrator of the estate against the siblings that mismanaged and misappropriated those funds, which would mean that you would need to become the administrator upon her death.

Now as a practical matter, you don't have to wait until her death. You can be appointed the legal guardian of her estate during her lifetime, at which point you can take control of her assets and decisions regarding her physical health. I know that this might not be an option given where you may or may not be in your life, but that is a possibility. If that's something that you would want to pursue, you'd need to contact an attorney in your area that deals with elder care / guardianship law.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 1 year ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!