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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
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I was served papers for a civil lawsuit from my sisters

Customer Question

I was served papers for a civil lawsuit from my sisters about my moms estate. My mom is still living she has alzheimers I was her PO and guardian. My one sister took me to court and now all three of us are her guardian/conser. They are suing me for the farm ground my mom gave me and $150,000.00 for lost inheritance. My mom is still alive. She is in assited living but can not take care of herself. I did not take money from mom they have all the proof. it was moms will to give me the farms and her lawyer has signed an affidavit stating she came on her own free will by herself to sign these farms over to me. He told us she met with him several times and this is what she wanted. My question is the lawsuit was filed in May 2015 and it has gone no where. IS there a statue of limitations on when they can pursue this or can it just be in limbo forever. my lawyer had to fight to get them to answer questions that we had to have to them in 21 days. I feel I have a good lawyer he is very busy and it cost me everytime I email or call him so some questions I don't ask. I now having to mortgage one farm because I have all these bills to pay but the banks lawyers say I cant do that because they are listed in the lawsuit. I am stressing not knowing what to do. I cant pay bills now until the bank lawyers and my lawyer talk. Please advise
Submitted: 2 months ago.
Category: Estate Law
Expert:  Damien Bosco replied 2 months ago.

I understand your predicament. Generally, if someone files a lawsuit they will attempt to move forward with the case in a timely manner. However, sometimes someone will file a lawsuit and let it sit there and do nothing, leaving it hanging in limbo. In those particular situations, the case removed from the court docket but still is outstanding. The defendant (like you) has the option to make a motion to dismiss the case based on lack of prosecution of the case (i.e., lack of them moving forward with the case), usually after one year the complaint was filed. If the other side does not come up with a justification why there is a delay, then the case is dismissed.

Customer: replied 2 months ago.
the longer it goes without going to court the possibility of it getting dismissed is greater?
Expert:  Damien Bosco replied 2 months ago.

Yes. The longer a case goes without prosecution the more reason the plaintiffs would have to have to justify why they failed to prosecute it and the more likely it would be dismissed. Possibly in your case, it may be a bit more complicated, but because your mom's attorney said she transferred the property under her own free will, then you have a strong witness supporting your position, possibly the reason why they are not moving forward with the lawsuit. Check with your attorney about your particular case.

Customer: replied 2 months ago.
If this would get dismissed could they file for an appeal
Expert:  Damien Bosco replied 2 months ago.

They could file an an appeal but they would have an uphill battle at winning it.

Expert:  Damien Bosco replied 2 months ago.

Do you need further help?

Customer: replied 2 months ago.
This is a very complicated suit as my mom has a friend ( my dad passed many years ago) this male friend was with mom when she was healthly and he knew what my sisters were doing to my mom. They took her to 3 different lawyers to get her will changed. The last one was an estate planner/lawyer we all had to go to several meetings and the day mom was to sign the paper she came to my house and told me this is not what dad and I wanted and I will not sign it. we went to the meeting and mom said I will not sign this and the lawyer stood up and said this meeting is over. That is when my sistes got mad. My mom then made me POA. That was in October 2012 in May 2013 mom signed all the farm ground over to me. In Feb.*****wanted mom to have a memory test ( she had one in 2011) she passed the test. In june of 2014 is when paranoia set in. She slept on the couch with a golf club, she was up at night in july with her winter coat on we spent many nights outside her house just to make sure she was OK. we knew this because she wanted camera's installed because she thought someone was coming into her house. We took her to the Dr. who sent her for mental evaluation. They wanted to drug her I said no I want to get the bottom of this. we went back to the dr who said the could take her to an alzheimers unit for a week of evaluation but she had to check herself in. She agreed to do that. That is where she was diagnosed with dementia/alzheimers. She was told she could not stay by herself and could not drive. I found an assited living in our town and we took her there that day. All was fine until I called my sisters to tell them ( which mom told me not to but I felt it was the right thing to do.) My one sister started fighting me for POA took me to court and that is where the 3 way came into as the other sister decided she wanted to be in on it also. We did tape 44 hours and are just now listening to that. The male friend went from understanding and listening to mom to truning against me and my wife he says many times on this tape that joe put you her joe says you cant have this or that he tells her that over and over. With her state of mind at the time she belived him.So now my sister pays for his meals out of my moms account so he will spend time with her. My mom dosent talk much now as she has gone down hill quite fast as did her sister who also had this. I am hoping to get this man away from my mom and I hope a judge will listen to this tape. I am trying to edit it ( take out the times there is no talking or when she is sleeping) so it wont cost so much for my lawyer to listen to it. He claims we can get him for elderly abuse but he needs to listen to it. Is abuse hard to prove? By the way my sister and this man turned me in for abuse in Sept of 2014 and I was cleared.
Expert:  Damien Bosco replied 2 months ago.

Hello again. It is good that you have an attorney. And it makes sense for you to edit the tape for the pertinent parts. Elder abuse does need evidence as you probably know. It is probably easier to make a case against a non family member than a family member. I hope this all works out for you.

Expert:  Damien Bosco replied 2 months ago.

Hello. Do you have any follow up questions? Please let me know. Thank you.

Customer: replied 2 months ago.
I do have one question we took a small tape recorder I to my mothers room shortly after my sisters decided they wanted to be conservative/guard also. We ask the place she was at and talked to the police they both said it was legal. We just now listened to it (44 hours long) my moms companion who I had thought was working with one of my sisters ( to turn my mom against me) seems to be the case. My mom was diagnosed in July 2014 I took her to assisted living then. Sisters tried many things in late
August as I stated one Turing me in for abuse. Now I hear on this tape this man friend telling my mom over and over what bad things I was doing. He keeps telling her I don't know why Joe won't let you have a calendar Joe won't let you go to your house Joe has the paper work he is POA but his wife is running everything. He told her many times let's call the police he said I drove around town I can't find them he said lets get my binoculars and drive out by the farm and see what they are doing. This goes on and on. Can this be slander, harassment or something? I intend on calling my lawyer but to have him listen to 44 hour would cost me a
Expert:  Damien Bosco replied 2 months ago.

Hello: With regard the the words said against you. If they are untrue and against you, they could b slanderous; also if the words are untrue and against you, and used to influenced your mother against you, it could be considered undue influence attempting to convince your mother of changing her estate plan against you and in favor of others.

Expert:  Damien Bosco replied 2 months ago.

Hello. Please let me know if you have further questions. If not, if you can kindly give a positive rating, I would appreciate it. Best regards.

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