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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111489
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am asking my questions on behalf of my boyfriend,who says

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I am asking my questions on behalf of my boyfriend,who says heis currently not my boyfriend of 18 yrs. I am stating it, so when he reads it he feels better that I say he us not(Men! lol)
OK....this has been an ongoing subject of concern. He talks about talking to a lawyer, and what he should or could.....but then nothing. When you care about someone...its difficult to standby and watch them suffer....so here I am.
I have had pervious questions. Just got my printer operational....he says he is willing to read all I ask and the answers....so now I'm in buissness.
ok....currently this the situation.....He is an only child. His mother while alive, allowed her niece, Janeen(on the NJ Board of Ethics) to write her will and her trust. In fact, so it seemed, her very best daughter she never had. She gained Mary's( now deceased 2/17/16) and did not read nor was she encouraged, to ask any questions about the arrangement Janeen had decided was in Mary and her son Richards best interest. After all the writing was done. Mary seldom was asked to visit anymore. Just Christmas and Thanksgiving. Richard drove his Mom anywhere and everywhere she desired. Took care of arranging for repairs and/or routine maintenance. Grocery shopping, laundry, ironing , household chores, maintenance of the grounds. Oh cooking and washing the dishes too.....He said she is not just my Mom.....we're friends. I tell her everything.....we're pals. He always said "He was driving Miss Daisy" . She is his adopted mother.....his Aunt. He also had unlimited contact with his birth mother....but she was like the old women who lived in the shoe.....she had so many children she didn't know what to do.....I think 14 in total. Mary had none, so they adopted her first born....Richard P.(Hughes) Garots. His Mom was a firm believer in Waste not want not. She worked hard for45 yrs for the Railroad. She had a stock portfolio and old coins and paintings from Picasso. She basically lived off the interest on her money. $80,000 a year. One foot note....Janine had been given power of attorney about 5 or 6 yrs ago to retrieve a vehicle that was impounded in Texas. Nothing more nothing less....some how later she magical still has poa. In realize that ended when Mary passed. But bc she would nit allow Richard to take her out , or bring her food when she didn't care for what they gave her....Richard said when he would rub her back ...she felt like Auswiz . Skin and bones. Mary wanted to go home.....Janeen said only if the proper modifications were mad we. She refused to give Richard any money...he was bc of Janeen now cut off from any of the money. Nor did she hire anyone to help him do the work. When his mom passed tears came to his eyes ....he haddonecas much as he could...took concrete workman the dead of winter to buy the material needed.....but on this day he cried and said I did all if this for nothing.
I have not read the trust.....he has. I think it would be easier if read it too.But....from what I gather he is permitted to live in the house, he will not have it in his name, he is responsible for all maintenance and repair costs. Janeen has not and still will not allow him to bill an attorney to the estates money. Originally he was sup poised to receive the $80,000 a yr annual interest. He said she took the few million out of his Moms account before she even passed. She is the named executer.... named by herself when she wrote the will and trust thst Mary never read. While she had poa....she took all the bills off auto pay. things were delinquent and shut off left and right. Even when he called and told her....she woukd say Oh...I thought I paid that. And he would wait perhaops 2 more wks and the phone would still be disconnected . Only twice diud they run out oif heatiung oil whgen it was -15 outside. Richard would biorrow $20 or soand driuve to the next town for white kerosene.....He had no monbey...no food...and when you do carpentry and you are 63 in the winter....jobs are few and far vbetween. So I split my foodstamps with him. I could tell when he was calling me bc he had not eaten.....He would be such a grouch ....I would talk over him and say loudly,,,,,Have you eaten?.....there wound be silence at the other end.....in a meek voice he would say....I'm okay.... I would say ....I didn't ask you that.....Have you eaten. silence again .....I would say why don't you come here.....we'll go to the grocery store....Ii got $3 for gas.....come on over and we will eat....and I got him cat food and kitty litter for his moms cat. I didn't tell him that now I had no food....well a couple of cans of soup and if you go to the little store in town at closing ...they will give you the throw away bagels.....
Right now he is living off the Life Ins policy $100,000. I am not sure what happened to the interest money he was to receive annually. I highly doubt it was even discussed. Now repairs are coming up...Who is monetarily responsible
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If she engaged in this type of self dealing or used her undue influence with the mom to write herself into the trust or will, this is a violation of the rules of professional conduct for attorneys and also can be grounds to have her removed from the will/trust as executor/trustee and also have any bequest given to her cancelled. You need to get this trust and will documents to a local attorney because if she wrote herself into them, legally the court can vacate them and if she is a licensed attorney she can be even sanctioned by the bar. However, the only way to deal with this is getting a copy of the trust/will and getting a local attorney, even if you have to pay one and not the trust (if he prevails in his claims against her, then he can seek reimbursement from the trust later). But from what you described it sounds like all he was left was a life estate meaning he would indeed be liable for all repairs, maintenance, taxes, insurance in exchange for being allowed to live there, and it does not sound like he was given much of anything else and if this was a result of self dealing and undue influence it can all be undone by the court and she could even be made to pay back anything she has taken from the mom or the trust.
So, you need to get a local attorney involved AS SOON AS YOU CAN to seek to get this resolved and get what is rightfully his.
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