hi again Lucy, you have been very helpful thankyou, update on the law suit....my brothers attorney who i talked to is representing me as well which was pretty much a necessity because there was only 5 day response time to file with the court...my brother and I had huge blow up because he kept calling and driving me crazy on top of that saying i am on the hook for half the legal fees....keep in mind 100% of the actions in the complaint are things he was directly involved in...i am never mentioned in the suit other than the plantiff claims she sent me letter in the mail requesting access to the house...which is non-sense no letter was sent to me it was sent to my brother.
this all started with my aunt having to go to hospital for emergency surgery....the plantiff-Nena who we found out recently who has power of attorney changed the locks on our house where my aunt lives and didnt inform us that our aunt was in hospital where she could have passed away...she is 95 years old...my bother went to visit my aunt and couldnt get in with his key...i was paniced that my aunt might be in need of help or dead...he was able to get in the house and my aunt was gone....he later changed locks back after the gardner and neighbor said Nena was in the house daily throwing stuff away...she told the neighbor that she took all my aunts cash and jewlery....my brother changed locks to protect my aunt and posted notice on the door that my aunt is only one allowed in house without supervision.
at some point my brother called me and told me about what Nena was up to...i asked him firmly to let Nena have access to house and not to mess around...i just dont want any problems. my brother is stubborn and didnt listen to me and now i get served and getting sued for unlawful entry and detainer of house which i had no part in...i became half owner of house via my dads trust a year ago but never wanted the house to beging with...keep in mind we pay all the bills and my aunt stays there free.
my brother went to visit my aunt and Nena wouldnt even let him see her at the hospital....eventually he was able to go visit...Nena is sueing him $2,000 every time he went to see her for harrassment and elderly abuse
I just want to settle...i want to give my share of the house to my aunt and have them get me off law suit...the house used to be my aunts untill she gave it to my mom and dad 14 years ago in case she got sick and ran out of money the house would be saved i guess...we have paid around $40,000 for bills and repairas of the house...at least my dad has ...and my brother and i have paid for it over last year...before that we gave my aunt $300 a month to pay for her perscription medicines for years.
i told my brother i want to settle and be done with it...lets just give the house back to her and be done with it....we dont need the money or the stress....my health isnt good and the stress is too much for me and i am afraid something bad might happen like a stroke...
he finally agreed to pay legal fees and fight this but i dont want to fight this...can i get legal agreement drafted that he will cover ALL legal fees and any settlement against me for just being co-trustee of said house? based on the facts i presented do you see my liability in this case for my brothers actions? even though his actions werent done in a harmful way and he was trying to protect me aunt...the plantiff is sueing me as co-trustee for pain and suffering and puitive damages $50,000 each....i dont see what damage was done but either way i wasnt involved....my question do you think i have any liability in this case based on what i am telling you? and if decide to settle by signing over my half of the house i should have my own attorney draft that agreement to drop me from the suit?