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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22392
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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My mother passed away last March. I had been caring for her

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My mother passed away last March. I had been caring for her for full nearly full time for six years and had been covering a lot for another six before that by commuting from where I was living and working a couple of weekends a month. I had built up a pretty good small business for myself there. Mom's physical disabilities progressed to the point where she needed a caretaker, so I moved back home to do so. I have one older sibling who lived only a mile from her but would do and did nothing. On the day she died I called and asked him to come help me get her in the car to go to the doctor and he told me he was too busy running errands, he'd come when he was through. That was to late. Can he be held accountable for the period of her care in any way? He was also given a significant amount of money the same year I moved back to buy back some retirement funds he had withdrawn years before and never put back.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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I am sorry to hear that you had to go through caring for your mother and received no help from other family members. This is all too common an occurrence as we become more self absorbed as a society..
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Can he be held accountable for the period of her care in any way?
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Unfortunately, a child has no legal duty to provide care for an elderly parent so there is nothing that could be legally done to hold him accountable. It would have been up to mother to do so in any final wishes by rewarding you for your loyalty and commitment through any inheritance.
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While his actions are callous and insensitive, there isn't any legal recourse against him.
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I am sorry the news wasn't better.
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Thanks.

Barrister

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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.


Customer: replied 1 year ago.

Ok, Mom did do that really. She was not wealthy, but had two houses( one of which is tangled in a messy lease situation) and a 200 acre tract of land with planted timber. In 2008 she changed her will and left me the sole heir. I'm still dealing with getting everything settled . My only real concern here is a situation where There were two annuities that had both our names on them. She wanted me to change the beneficiary status on them, but it was one task I hadn't gotten to. He signed a power of attorney specific to them giving me the authority to deal with the company and collect. He understood he was not to receive any of it. There was a paragraph in the will specifically saying that leaving him nothing was intentional. Now he has been to see a lawyer and I think he may be contemplating trying to sue for those funds because his name was still on them. I'm looking for a means to counter that if it happens, not just trying to get at him because he is an insensitive and boorish oaf.

Expert:  Barrister replied 1 year ago.
I hate to say it, but if he is listed as a beneficiary on the annuities along with you, then the will wouldn't control what happens to them. Like a life insurance policy, this is a contract between the company and the owner and they will legally pay the proceeds to the named beneficiaries. So they will make any proceeds check out to both of you. If you have a POA for him to deal with it, then you can get the funds and refuse to deliver half to him. But to be honest with you, if he filed suit, he would win unless you can show proof he gifted you his half of the money.
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Thanks.

Barrister

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.

Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Attorney
Category: Legal
Satisfied Customers: 22392
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 8 other Legal Specialists are ready to help you

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