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Elder law

My grand parents had a trust made up after my brother and I were born. It gave the financial portfolio (Stocks bonds cds) to my Aunt who have no kids, and the vehicles, and home to my mother who was the executor of the estate. In 2010 my mother died and 3 weeks later my aunt was named executor. Once she was given that title she cut off all contact between my grandparents and My brother and myself. I couldn't call the house with out my aunt answering the phone, if we came over they were sleeping. I found out my grand mother was in the hospital because I ran into them when I worked as an EMT. When I got to talk to my grandparents they always said they missed us and my kids and then that's when my aunt would interupt and give me a prognosis or her condition. in 2013 My grand mother died and 6 months later my grandfather died. I found out that the will my mother showed us when we were kids disappeared out of their house. I found out that 3 days before my grandmother died she signed the house over to my aunt. My grand mother was in no way shape or form able to sign over anything not to mention my aunt was given power of attorney over them and is a direct conflict of interest. I guess my question is what can I do? I want to her arrested for elder abuse if this is a valid criminal case and also do I have a civil case? I just found out I might have lung cancer and my brother is struggling we are all excpet for her cus she got everything. I just want when we deserve and what what my grandparents wishes are. How do I find a copy of that will and how do I nail my aunts ass to a jail cell?
Asked in CA May 18, 2022
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# 3,023

I'm writing on behalf of my friend. He has a 14 year old son with a woman who became very unstable on meth and heroin and pills soon after their son was born. My friend decided when he went back to college in his early 40s to move in to his ex's mom's house so his son would have a grandmother for support since his mom was absent on drugs. He and his son have been living there for years.

Last week, the grandmother had a severe stroke in the left side of brain. It is doubtful that she will come back to the house. Within an hour of her going to the hospital, her daughter, was in her house, taking her purse, credit cards, pills, and even taking out her mom's new car (her own car was actually her mom' s old car she had taken previously and wouldn't give back so her mom had to get a new one). She is refusing to leave the house now. My friend and his son have tried several times to get her out but each time she breaks back in (through windows, etc). They've called the police but they said they could do nothing for them to get her out of the house. She is claiming she has squatter's rights. My friend and his son, after years if living with grandma, are now living with me and my friend's parents. She is destroying the house...cigarette butts on floor, smells of drugs being smoked, trash everywhere and so on. She is aggressive, manipulative, and abusive to both my friend and their son.

They don't want to tell grandma the situation due to her fragile state. She would be horrified to know her daughter has driven her grandson and his dad from her house. I'm seeing that they have no other choice. By getting her to state she does not want her daughter in her home, wouldn't that give the police reason to remove her?

Just trying to find the best ways to go about this situation.

Thank you

Asked in CA May 18, 2022
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# 3,026
Brother placing mother in AL facility beyond her means and plans to draw down limited assets.
Asked in Cornelius,  NC Jun. 22, 2020 ,  3 Answers
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My brother just received POA for my 82 year old mother. We have searched for an assisted living facility and found one that will cater to her needs and income (approx $3,000 per month). He unilaterally decided to place her in a more expensive facility ($4,300 per month) and draw down on her assets (...

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He is not lucid. Is there a way for my mother (they are married) to get durable power of attorney over him or is there another option? She is looking to refinance her home at a lower interest rate so that she can afford to stay there after he passes.

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What can I do to stop my siblings from stealing everything off my mother's the legal way?
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I want to open probate on a will, the decedent passed away in 2012. The will was NEVER recorded & probate NEVER opened.
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# 3,035
I have financial POA over my grandfather, can I add myself as a beneficiary on his deed?
Asked in Farmington,  MO Jun. 04, 2020 ,  1 Answers

He has no will. I’ve been living in his hook me caring for him for over a year. In February he was going to add me as beneficiary on his deed. The pandemic closed the courthouse until this week. He is now incapacitated and can not do so. Can I add myself as beneficiary? The financial POA states I ha...

# 3,036
I understand that an executor can take a commission on income made on any asset from date of death to its Sale. True?
Asked in Caldwell,  NJ Jun. 02, 2020 ,  1 Answers
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Stocks were sold recently and had a gain of over $100,000, for example.

# 3,037
I am search of a TN lawyer that can help me with a unique situation involving my disabled, elderly, veteran father.
Asked in Hadley,  PA Apr. 25, 2020 ,  1 Answers

He may be being neglected and or abused and seems to be being help captive by his wife. Who herself has never shown the mental or physical capacity to care for another individual let alone one who is not ambulatory or verbal.

# 3,038
Elder law: Does family need POA, Guardianship, Health Advocate, Something else?
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Elderly couple, both retired, both still active but with health issues. Adult children, only one shared between them. House they live in was in wife and some of her children's names but now in her name alone. Her health has been taking a turn towards the worse. He has given EMTs/hospital incorrect i...

# 3,039
I am only child next of and my father has dimentia and has become very combative. How can I get control of his affairs?
Asked in San Clemente,  CA Mar. 20, 2020 ,  4 Answers

I wants best for him but the lady that he lives with will eventually leave him high and dry returning to China. Last year I bailed him and her out with social workers because $20000 went out of his account to the massage parlor she worked at. Power of attorney is worthless now because of condition a...

# 3,040

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