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Elder law

My brother convinced my mother to sell him the family farm, all the buildings,vehicles and equipment for an amount far below the fair market value. In '87 Daddy valued the farm at over $600,000 and my brother bought all of it, including house contents for $147,000. Neither Mom or my brother had legal representation. My brother simply had a real estate agent meet them at the courthouse to get papers signed.

Within 3 months Mom "refunded" $30,000 because the farm was "just dirt". He also convinced her to put $20,000 of the proceeds into CD's in case of an emergency, but the CD's were joint with him. He cashed in half of them.

Then when Mom went to put $20,000 in annuities for both me and my sister, he convinced her that the bank had made a $20,000 error and deposited his deposit in her account instead of his and she wrote him a check for $20,000. There was no such error according to the bank.

Additionally, the $40,000 in annuities for my sister and me was actually put into one of Mom's annuities. Initially, the monies that are in the annuities were in mutual funds in Daddy's Trust. After Daddy died, my brother convinced Mom to move the money to annuities with him as sole beneficiary. He also had her designate him as sole beneficiary of her life insurance policy.

Now while I was sick and in the hospital for two months, he convinced Mom to cash in the last CD, set up a new joint bank account with Mom and him (the existing one is in the name of the Trust). He got her to have her social security check and monthly annuity payment transferred to the new bank account. He won't give her checks on the new account and says that when the Trust account is depleted then she will get the checks. He has all the statements and checks sent to him post office box, not to Mom.

What in the world can my sister and I do to get Mom's affairs back on track? The only thing I've managed to do is get her to redesignate all three children as beneficiaries of the annuities.

Mom is 82, has had a stroke a year ago, and I'm currently living with her to care for her since she should not be left alone.

Asked in KS May 21, 2022
Tag: 

# 1,248
My mother is 86 years old with dementia and diabetes. Mom was diagnosed with dementia in July 2008. Doctor authorized home care in Sept. 2008. I obtained durable power of attorney in Oct. 2008. Since dad's death in 1978, as the oldest of 2 siblings of my parents, my name was always on Mom's bank accounts. Oct. 15, 2009, Social Security approved me to be Mom's representative payee. One year later, my sister obtained her own durable power of attorney. Nov. 1, 2009, my sister, her daughter, & family friend took mom to the bank and closed out her checking account, and terminated my representative payee with SSA. My sister opened a checking account with Mom and she became her SSA representative payee. My sister says she is NOT Mom's representative payee. My sister now has durable power of attorney and mom doesn't remember signing any papers or going to the bank or to social security. Mom's bank statements go to my sister's address in another New York City borough. I live in the same borough as Mom. SSA didn't investigate accusations that were brought against me by my sister. Instead they terminated me and approved my sister. To date, my sister hasn't spent any of Mom's SSA money on her welfare. She is more interested in saving the money to show that she is a better manager than I was. Mom complains that she is lacks money now that my sister is handling the matters. Mom stated that she didn't have this problem when I was handling her finances. Using the power of attorney, on March 19, 2010, my sister changed the beneficiary on Mom's life insurance policy that has been in effect since 1986. Every agency that I sought social services from will no longer communicate with me because my sister has power of attorney.Mom is also a diabetic. My sister has been negligent regarding the infection on my mother's small toe that was caused by a procedure by the podiatrist during a home visit. After 1.5 months, I took my mother to the emergency room and she was diagnosed with "dry gangrene." I have taken Mom to see a diabetic podiatry doctor and to the vascular surgeon. A series of studies must be done on Mom to determine the severity of the toe. My sister has instructed the home health aide not to give me general or medical information about my mother. My sister doesn't return any of my phone inquiries about my mother. She has threatened to seek an order of protection against me to keep me away from my mother. She has also threatened to call the cops and have me arrested if I take Mom to the hair salon, or any appointments without her permission. The home health aide reports everything to my sister. The home health aide doesn't grocery shop for my mother. Mom lacks the proper food for the home health aide to cook other than a "big breakfast." My sister is in charge of Mom's food stamp card. Mom is unhappy with how she is being treated and feels she made a mistake in allowing my sister to "share" in her welfare. Mom is often without an adequate amount of money to meet her needs as when I was her agent. Mom cannot fight for herself. I have photos, logs, & Mom's voice recordings on this issue. How do I help my Mom?
Asked in NY May 21, 2022
Tag: 

# 1,256
# 1,258

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