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I care for a person who is disabled-John He was denied SSI and appeal has been filled. His mother is a wealthy woman. His mother offers support to her other two children. His mother did not earn money that made her wealthy, the father did.She will not offer John any support, for a variety of reasons. Mostly she wants him with one of them. John does not want this and fears if he did go he would be held capative. John would be held capative. Can John file a suit aginst his mother stating the father made the money, and the fatherv would never want John to be cutt off , especially being he is disabled. how likely would John win this suit?
State/Country relating to Question: New York Already Tried: NY State
Did John's father give this money to the mother for the benefit of the children?
Did the father make any arrangement for John?
The father did not expressly communicate that money was for the benefit of children. Will state with complete certainty, father never thought what has happened.
The father did leave money for each child. this money is gone.
Thank you
Thank you for the quick response.
Unfortunately, there is no basis for John to file a lawsuit against his mother. If he does file the lawsuit, it is my opinion that he would not prevail since the father left him money and the money has gone. Also, he has refused his mother's suggestion to come and live with one of the family members. The mother is not obligated to take care of him if he is an adult and wants to live independently away from the mother and his family members.
Attorney-at-Law
Licensed in Massachusetts and New York