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Elder law

My sister and her husband (Fuentes), had my mom & dad (Rubio's) move closer to us. Rubio's used $111,000.00 as a down payment generated from the net proceeds of the sale of their home; Fuentes used $5,000.00 as the earnest money deposit. Fuentes promised Rubio's they would help with the mortgage payments. I found out that Fuentes were on title with Rubio's as joint tenants (which Rubio's had no knowledge of). At the beginning Fuentes were making their 1/2 payment, then they made partial payments, then nothing. Mrs. Fuentes obtained checks signed by the Rubio’s to pay for their one-half of said mortgage payment to Chase Bank. Mrs. Fuentes thereafter filled out the check in her name for the total amount of the mortgage payment which is a transaction abuse. The Rubio’s put their trust in Mrs. Fuentes to make their one-half mortgage payment. My parents (Rubio's) are on a combined total income of social security of $1,495.00. The mortgage payment is $1,200.39. Thus leaving Rubio's with lack of amenities, resources that can be spent on food, personal care, and housing maintenance. Rubio's had to put food back at the market, they have no heat/air for the past 5 years. To add insult to injury, Fuentes have claimed 100% of the mortgage interest on their taxes averaging $8,000 to $9,000, despite not paying 100% of the mortgage interest. I finally obtain a real estate attorney to help with this matter. The Fuentes agreed if Rubio's obtain a loan/refi of the property to remove their names, they would agree to $5,000.00 (reimbursement of earnest money) to sign over the deed to Rubio's. Rubio's obtained a loan and Fuentes are now refusing to sign Escrow documents. My dad is 80 years old, my mom is 77 years old. There has to be something Rubio's can do at this point. Elder Financial Abuse? Are we missing something? I truly need some insight. Thank you for your time and consideration.

Asked in CA May 18, 2022
Tag: 

# 2,702
what does "takers of last resort" mean?
Asked in FL May 18, 2022
Tag: 

# 2,712

I was hired by the Power of Attorney over an individual to clean out years of hoarding activity, rat infestation, human and rodent waste and to find and secure all financial records , investment account statements, bank accounts, billing statements and personal memorabilia, photos of his family and travel scattered within the debris. I provided a quote to complete the work which was agreed to and signed by both parties. When the work was completed I provided a full report of the services that were provided and did a walk through with the Power of Attorney which was signed off by the Power of attorney that the work had been completed and payment would be issued. The following week the Power of Attorney informed me that she had resigned her position administering the mans estate because he became physically abusive with her and that she had turned over all the mans documents to the administrator of the assisted living facility the man had been placed in and notified adult protective services that the records were at the facility and that the man needs someone to manage his finances and healthcare. To date no one has stepped in to handle his responsibilities. None of his bills have been paid except the place where the man is living. The woman there has the man call his stock broker and sell stock every month to pay her bill.

Last week a Realtor who lives in the mans mobile home park went to see the man and told him he had to sell his mobile home or the State was going to auction it off for unpaid property taxes in July. Which was an outright lie. The mans taxes are current up to this year. He scared the man into listing the property under value and the following day went back and had him except an offer that was not in his best interest to another resident in the park. None of that transaction is relevant to my claim except that the realtor does not believe that the work I was hired to do on the property is required to be paid through escrow. What do I need to do to get my money for all the work I did to make the mobile home ready to sell in California?

Asked in CA May 18, 2022
Tag: 

# 2,716

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