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I think medicare will take the house for payments for your friends Mother's care. Talk to the Social Worker at your Mom's facility. In this country, usually her brother cannot inherit the house if mom is still living.
It may be too late for your friend to get the house, but it isn't too late for her to report this financial abuse of her Mom, and she should asap.
Appreciate your input. This is my gut feeling too.
Unfortunately, the brother does have another home.... the mother's home! She is now in the Nursing Home.
When the mother dies and leave his her home he will stop paying taxes on that too, she's most likely in a state or federally funded nursing home so I believe they keep 1/2 the person's assets including the home to help pay for the care.
Once she knows what her options are, she may be surprised.
For example, it might be she could pay the taxes on the father's house in her name. The brother probably has a certain length of time to redeem it and when that time had passed, she would own it.
If the court assigns her guardian of her mother's affairs, she would likely seek legal advice to do that. Communication with the brother would be through attorneys which can make things easier at times.
No need to call the police unless he has broken the law.
If he is just incompetent, attorneys can straighten that out.
Hopefully, before the mother's assets are all gone.
It appeared that he moved into his mother's house (which I assume is still in the mother's name) and started to throw out her furniture. That sounds like a crime to me.
Just because you have a key to someone's house it does not mean that you can move in, live there and start to throw out their possessions. Think of all of the people who exchange house keys with trusted neighbors and friends for emergencies or give house keys to pet sitters or a cleaning lady or handyman. Obviously, it is a crime to move in, without permission, and start throwing out their possessions.
It appeared that he moved into his mother's house (which I assume is still in the mother's name) and started to throw out her furniture. That sounds like a crime to me.
Just because you have a key to someone's house it does not mean that you can move in, live there and start to throw out their possessions. Think of all of the people who exchange house keys with trusted neighbors and friends for emergencies or give house keys to pet sitters or a cleaning lady or handyman. Obviously, it is a crime to move in, without permission, and start throwing out their possessions.
Not really--especially since he holds Power of Attorney. Besides, this is a civil matter. Throwing out family possessions is not something in which the police would likely get involved.
Unfortunately, he didn't need permission to move into his mother's house. She is not competent to now give permission...and she already gave him POA.
I believe there is actually a trust involved for Mom's finances and son is trustee once mom is incompetent.
If so, is your friend familiar with the terms of the trust? Is the house included in the trust? There may be directives in the trust which could help...or there might be an avenue to remove her brother as Trustee. Is she listed as a secondary Trustee?
It appeared that he moved into his mother's house (which I assume is still in the mother's name) and started to throw out her furniture. That sounds like a crime to me.
Just because you have a key to someone's house it does not mean that you can move in, live there and start to throw out their possessions. Think of all of the people who exchange house keys with trusted neighbors and friends for emergencies or give house keys to pet sitters or a cleaning lady or handyman. Obviously, it is a crime to move in, without permission, and start throwing out their possessions.
Quote:
Originally Posted by jackmichigan
Not really--especially since he holds Power of Attorney. Besides, this is a civil matter. Throwing out family possessions is not something in which the police would likely get involved.
Unfortunately, he didn't need permission to move into his mother's house. She is not competent to now give permission...and she already gave him POA.
Good point. I was assuming that he had medical POA not financial POA, but you are probably right that he has both.
Sister needs to talk to an elder care attorney ASAP. If Brother sells Mom's house (if he has financial POA) and spends the money on himself that could be disastrous for Mom.
Not really--especially since he holds Power of Attorney. Besides, this is a civil matter. Throwing out family possessions is not something in which the police would likely get involved.
Unfortunately, he didn't need permission to move into his mother's house. She is not competent to now give permission...and she already gave him POA.
If so, is your friend familiar with the terms of the trust? Is the house included in the trust? There may be directives in the trust which could help...or there might be an avenue to remove her brother as Trustee. Is she listed as a secondary Trustee?
Good questions. I asked about this.
Her brother refuses to give her a copy of the trust.
She tried to call the original ?family attorney to ask for a copy, but they haven't sent it, I believe. Are they even required to? Probably not. While the family attorney should be the advocate of the mother, who is now incompetent, it seems that the attorney is now beholden to the son, as he is the Trustee/POA.
While it seems pretty clear that the son is not serving his mother's best interests, the family attorney either doesn't care, doesn't realize the situation, or must serve the son regardless, or????
So wait. The Son lost the father's house for taxes and now has control of the mother's home and finances???? From a POA?
IMO, the father's house is gone if it was SOLD for a tax lien. Nobody is going to sell it back to her just to be nice for $15K.
There's barely any real info to go on. Is the guy a drug and alcohol abuser or just a run of the mill jerk?
Does he have a mental health diagnosis? A history of other "stuff"?
How is her facility getting paid? The taxpayers don't pay for your nursing home if you have assets.
Did they put the mothers house in HIS NAME years ago?? There's a five year look back on transferring assets.
The Elder Law attorney will explain how she can petition the court for guardianship for the mother. It doesn't necessarily have to be the daughter they might appoint a stranger. And if his POA gives him the right to just take over her home. I highly doubt any court is going to let the Son be in charge of the mother's assets and life now that he screwed up the father's house situation.
And IME she needs to see TWO lawyers just to make sure she gets the same answer twice.
Unless you live in one of the very restrictive places, they aren't going to just arbitrarily remove the guy's gun collection for no reason.
This is EXACTLY the type of crap you find out AFTER a person commits a gun crime and everyone wants to take away law abiding normal people's rights.
The family ALWAYS knows the killer was nuts and ignored it.
I assume she's not dealing with him because she's afraid of him. And the question remains where will HE go if the court finds against him and kicks him out of the house or it has to be sold or something.
It is my understanding from many years on the Caregiver board that the son should be keeping detailed records with receipts of every penny spent of his mother's money, as trustee, and will be liable if he is misusing funds. Similarly, daughter should be keeping records with receipts of every penny she spends on her mom, for reimbursement.
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