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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 41037
Experience:  30 years in civil, probate, real estate, elder law
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My 65 YO brother passed away 3 weeks ago. Prior to s demise

Customer Question

My 65 YO brother passed away 3 weeks ago. Prior to his demise he was caregiver/ power of attorney / on bank account of our 85 YO mother. She lived in his home and he had a "companion of his" in the home to assist her, clean, do laundry, cook and do some of the yard work. When she moved into his home July of 2012, she had $68,000 in her bank account. She also received $1800 a month in SS. When she moved in he took $20,000 out of her account to build a separate room for her on his home.
While living with him he paid he bills from her account ( insurance, pharmacy, medical bills and.... His electric bill and the balance of household supplies & groceries. In addition to that her money has disappeared, she now has $7000, left to her name.
She has duplicate checks, but some of the books are missing, can't track where all the cash went.
We ( my wife and self) are now her care givers, she has to go into assisted living due to her medical issues ( in wheel chair and on oxygen), our home is loaded with stairs, not suited for wheelchair bound people.
Do we have any recourse to put a lien on the estate to recover her investment in the home improvements were made to or the assets of the estate.
We feel fraud was involved.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

You can file a creditor claim against his estate.If no probate is opened you can as a creditor open probate here and then assert a claim.This is very collectible in probate as the court will force a sale to pay creditors including you.

I would consider your own lawyer locally where he deceased here to file claim or if necessary open probate.

You would also be due legal fees and costs as part of your claim and collection efforts.You can also use probate to get at financial records if you were to be named personal representative.You may then amend claim for more money if you locate additional theft of funds here.

Here is lawyer referral with ratings to seek collection as a creditor.

http://www.avvo.com/probate-lawyer.html

The lawyer can act on behalf of your mother here, this is very collectible since he deceased with assets including the home.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

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Expert:  Ray replied 1 year ago.
I wanted to add that you would try to locate a lawyer that would take this contingent fee which means you don't pay until there is a recovery.Since mother has limited funds this would be the best way to proceed.This is very collectible including the lawyer fees against the estate.The house here can be liened by a lawyer if necessary as part of the process.
Thanks again.
If you can leave a positive rating when we are done it is much appreciated.