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My mom is on her death bed and staying one of my sisters. My…

My mom is on...

My mom is on her death bed and staying one of my sisters. My mom gave me some money 3 years ago as I was the only one took care of the house. On a visit to my mom, the sister came in the room and initiated & demanded to mom that she tell me to turn over the money to her.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Florida

Lawyer's Assistant: What documents or supporting evidence do you have?

Just the bank statements. Mom and my names on the statement

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She wanted to totally turn over the money to me, but since i found out that my name was on a/c with mom, so I just left it The sister also has a checking a/c with mom name, which mom says should pay all her bills.

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Answered in 1 minute by:
1/17/2018
Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 4,558
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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You mention that your Mother gave you money 3 years ago. Was that money is the joint bank account you had with her?

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Customer reply replied 4 months ago
the a/c is a savings with both names - and/or

So, is your sister claiming that you have to take your name off of the account? Does your Mother have her mental capacity? What is she saying? Are you saying your sister is telling her what to do?

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Customer reply replied 4 months ago
my sister is demanding that she tells me to turn over the money that is in my name and my mom's. My mom's short term memory is very bad. She cannot remember anything and is under hospice care as she was diagnosed with cancer.

Was the account with your name on it opened so you can help pay your Mother's bills? That is called "for convenience only" account, meaning your name was only on it to help your Mom pay her bills.

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Customer reply replied 4 months ago
No. It's a savings a/c opened with both names. She decided to turn over to me as I did extensive work on her house, among other spending I did not know my name was in the a/c until she told me to go with her to the bank (3) yes ago as she wants to take out the money and give to me. When we got to the bank, I realized that the a/c was in my name also so I told her to leave it as is. Now (3) years later and she is very ill and unable to move, her memory not good, the sister is telling her in front of me to turn over the money, putting words in her mouth. Mom was forced to repeat after her - put the money in her a/c!!
Customer reply replied 4 months ago
The sister has moms other a/c with both mom and that sister name on that a/c which is the a/c to pay all bills.

Okay. I understand. Sorry about the situation. Since the account was opened over 3 years ago and not named as a "for convenience only," account, you have a justifiable argument that you have as much right to the money in the account as your Mother. In other words, a court could rule in your favor if this ever got to court that your Mother added your name on the account because of the services you provided to you. Now, when she is lacking capacity, your sister is attempting to influence her, unduly, to benefit your sister's self.

We can continue to discuss this if you want.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 4 months ago
Ok. Thank you. A month ago I decided to transfer the money over to my other a/c, is that legal?

You are welcome. Taking all the money out of a joint account is probably not the best idea during the current circumstances because technically the money in the account is both your Mother's money and your money to be used under reasonable circumstances. So, you could consider returning the money to the account. Hopefully, it is not closed.

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Customer reply replied 4 months ago
It is now closed. Should I re open it?

Unfortunately, from Just Answer, we cannot tell you what to do. There is no attorney-client relationship and nor is there attorney-privilege privilege. We have to recommend that if you would want to speak to a private attorney about what if any action to take.

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Customer reply replied 4 months ago
Ok thank you

You are welcome. If you need further assistance, just let me know.

Please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 4 months ago
One more question: my mom is staying with my sister since it is more convenient at this time. Does that mean she can demand payment to look after her ? And, also demand alk a/c's that is in any other sibling's name over to her?

You sister would have to have Power of Attorney or be your Mother's guardian to handle your Mother's finances. If though, your Mother is living with her, technically, she could make your Mother pay rent and get paid (reasonably) for services.

If you believe that your sister is taking too much control and your Mother does not have the capacity to make decisions. You may want to petition the court to become the guardian (that is a subject for another question).

I have been happy to help you with your questions.

If you are especially pleased with my service on this question, you can always provide a bonus! Best regards.

Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 4,558
Experience: Attorney. Well versed, understanding, friendly
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Damien Bosco and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 4 months ago
Can I Deduct out of the money also what I have ?
Customer reply replied 4 months ago
Can I deduct all the monies I spent on my mother's house out of the money?

If you did work on the house or provided services, then you could have a claim for the moneys.

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https://library.municode.com/md/prince_george's_county/codes/code_of_ordinances?nodeId=PTIITI17PULOLAPRGECOMA_SUBTITLE_13HOPRST_DIV6GRREFA_S13-203SAME

https://library.municode.com/md/prince_george's_county/codes/code_of_ordinances?nodeId=PTIITI17PULOLAPRGECOMA_SUBTITLE_13HOPRST_DIV3LANARE_SD2LANACO_S13-157COREPR

https://www.peoples-law.org/rental-and-housing-laws-prince-george%E2%80%99s-county-county-laws

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Oops. That last post was for another customer.

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Customer reply replied 4 months ago
Was the last answer to my question : "can I deduct money from the a/c for expensss I paid bob mom's house". Was your answer incorrect? Belonging to another customer?

No. It is correct. The links I provided were for another customer. Sorry about that.

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