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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41506
Experience:  Texas lawyer for 30 years in Estate law
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My mother died close to 8 months ago. I took care of her almost

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My mother died close to 8 months ago. I took care of her almost a year before she died. She was 92 yrs old. Prior to that, doctor's report stated that she should no longer live by herself because she was no longer able to take care of herself physically or handle her business affairs. She had some dementia but still had good long time memory. I moved her in with me and my family, I am her daughter. Her wishes were not to put her in a nursing home and she did not want to die alone. Those wishes were honored. I was working fulltime during the day and changed my shift to parttime at night in order to take care of her. I became her caregiver. My husband would get off work and watch over her while I was at work at night for those four hours. When she later was under Hospice care, I took off 1 1/2 months (FMLA) with no weekly income at all expect for retirement, and my husband's job. I handled her expenses from the checking account she had and she paid some of my expenses while I was taking care of her. There are five siblings and after her death, all money left from her accounts were distributed equally after going through attorney to get an Affidavit of Heirship. Now, one of my siblings is saying she had more money than what was distributed and is accusing me of not sharing her money during the time I was taking care of her although I was writing checks out to him every month. My mother was constantly offering me money because she felt guilty about staying there and wanted to help me out financially and she did authorize me to either write checks or sign checks when needed. I also wrote checks to other siblings for airfare to enable them to visit her. He was used to getting money from my mother for years, she helped us all, but especially him. He has been unemployed for several years now, took one job and then quit. Does not want to work because he was making more with unemployment than he is able to get now. He cannot get the money he was used to making before he left that job after his wife passed away. Another sibling came over to get the other side of story because sibling is so despondent about not having money. He is despondent because now that mother is dead, the bank is closed. Other sibling said he had talked to attorney about money that they think I have from mother's account. I told him as I told other siblings, the money was used up except for what was distributed equally after her death. He said he talked to attorney who said they could freeze my account where I could not write a check, use a card or anything. We are struggling from week to week, I was not able to get back on fulltime during the day, so I applied for and now getting social security. I was already getting a retirement pension. After finally getting back on day shift, but parttime, is why I had to apply for social security. Later fulltime day shift was offered, but it was too late, I can only make so much now that I am getting social security. My husband works, thank God. After that sibling heard my side, he said he was not going to destroy me and my families' finances. We have no extra money, we get pay day loans now to make it. What can legally be done to me because mothers's money was not enough from where it had been. I told him I will get a itemized list of things that were spent. They think I took a big chunk of her money and put it aside in my account. I told him I wish I did have a big chunk of money.

Thanks for your question and good evening.My sympathy here for your situation.

I would not be intimidated here.Any funds you received during her lifetime were gifts.You do not have to share any itemization of funds that were spent.I see no advantage to you volunteering anything.Likely the siblings do nothing because again a lawyer would tell them here that these were presumably gifts.

It would not be possible here without a civil suit and service on you for them to claim any funds.I see no basis for freezing any funds belonging to you.I think this is clearly misinformation trying too intimidate you in this matter.Here the remaining funds were divided evenly among the siblings.The siblings may be trying to bluff you into revealing private information.I see no advantage to you to provide anything.

I do not see that they have any facts to pursue any funds in this matter.I think you should consider telling them you feel they are not owed anything and you would contest any suit in the matter.Realistically they are trying to intimidate you to see if they can get you to pay them something.You may want to simply let this go here and see if time does not make this go away.You have no legal obligation at this time to account for anything or pay them anything.Standing pat and doing nothing may be your best option.

Again it is clear that the other siblings also got gifts of funds and really the law would not support a claim otherwise.I cannot see that they have a legal basis to claim these were other than gifts and that all the siblings got some.Again I see that time is on your side and I do not see you owe them anything other than what you have already provided them.Why not ignore any claims here and see if it just doesn't go away over time.

It has been my pleasure to assist you tonight.Please let me know if you have more follow up.Thanks again for letting me chat here.

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This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.


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