New To Forum, Need Some Help in a Civil Case I

[Ben54]

I'm sorry, I live in Indiana.

Being sued by my 87 year old mother / new POA (in-law) for reversal of a quit claim deed my Mother signed two years ago. I was my mothers caregiver in her home for 8 years, as she suffered countless medical issues, including stroke. She suddenly became very combative on week back in sept of 2103, and we fought for several days, that led up to my arrest for resisting arrest and battery. I was not guilty of either, but pled to resisting, just to get it all over with. The in-law came over right away and took over, and went around the neighborhood knocking on doors telling them i was beating my Mother and tying her up, all not rue, and asked then if they saw anything, and of course they didn't. She the next day had a protective order issued, and assumed POA, over me. I've not seen my Mother since. Now they want the house back, and claim I forced her to sigh it under undue pressure, and aggression, which is totally false. Mt Mother was in a nursing home rehabin a broken hip, back in 2013, and the social director approached us and talked about her home, and suggested we do this, and even referred a lawyer. Mom, and I talked about it a few months as we left for Vegas soon after he rehab was over, and decided to do this, only by my demand that we change her monetary assets at edward d jones to the other two siblings alive at the moment. This way , I'd get the house, and the girls would get the money. We did this, and then made the appointment top see a lawyer for the deed transfer, and invited the in-law / current poa of my Mother to join us, and she did....It was all on the up,and up.


Now after a year, after the incident in sept 13, I got as letter from my Mothers / in-laws lawyer asking for the house back, stating the sept 13 incident as the reason, and medicaid issues over a penalty. They never thought to file for the exemption for any penalty regarding her home, and the deed as all the years of in home care by a son qualifies her, and all the years she stayed out of a nursing home because of it. I didnt even give him the courtesy of an answer. Well almost a year later i got a summons, and they want damages, and a reversal of the deed transfer. Now they state I used force, or influence to get her to sign it, which again is totally false. I answered the complaint, and made several counterclaims. The lawyer answered me back, but the answer didnt have a clerks time stamp on it..I can't afford an attorney, and tried legal aid, and pro bono, and got doors slammed in my face. My questions will be short, and quick as I go along, and hope i can get some guidance, and thank you.

1. The lawyer knows my mothers mental condition, and memory loss will prevent her from testimony that will be beneficial to their case, She must though correct?

2. Why haven't I been given a court date yet?

3. Can I, myself order, and conduct a deposition of my Mother even though there is a protective order on me with her thats due to expire in sept?

 

[Dave1952]

Having a lawyer would be a big help. Why did "Legal Aid" et c. slam the door in your face? Have you communicated with the rehab center's social director to see if she recalls giving your mother advice about estate planning?

 

[Ben54]

May I please get a an answer to my questions

May I please get a an answer to my questions, and not be be throttled with an attorney would help advice. I DO NOT need an attorney, I simply need some guidance, but nobody seems to want to help me, and I'm asking nicely, please. I've tried legal aid three times, and took the intake application twice to be sent a rejection letter twice the very next day..They claim to not have the resources for such a case...in other words, no thanks, and I've tried the pro bone group locally, and they were to call me twice for a phone interview intake, to sit here, and not be called. So it's me against the world, and I just need some guidance...I can do this. I have a mother who is 87 who has obviously has the early onset of dementia, she can't testify against me...there is now way. One step at a time..I've not heard nothing in three weeks, the attorney on their side knows all well she' cant. This is a farse, and this will never go to trial..I put in 10 counterclaims, but I need help going forward if I get that next court date.

I'm sorry, I live in Indiana.

Being sued by my 87 year old mother / new POA (in-law) for reversal of a quit claim deed my Mother signed two years ago. I was my mothers caregiver in her home for 8 years, as she suffered countless medical issues, including stroke. She suddenly became very combative on week back in sept of 2103, and we fought for several days, that led up to my arrest for resisting arrest and battery. I was not guilty of either, but pled to resisting, just to get it all over with. The in-law came over right away and took over, and went around the neighborhood knocking on doors telling them i was beating my Mother and tying her up, all not rue, and asked then if they saw anything, and of course they didn't. She the next day had a protective order issued, and assumed POA, over me. I've not seen my Mother since. Now they want the house back, and claim I forced her to sigh it under undue pressure, and aggression, which is totally false. Mt Mother was in a nursing home rehabin a broken hip, back in 2013, and the social director approached us and talked about her home, and suggested we do this, and even referred a lawyer. Mom, and I talked about it a few months as we left for Vegas soon after he rehab was over, and decided to do this, only by my demand that we change her monetary assets at edward d jones to the other two siblings alive at the moment. This way , I'd get the house, and the girls would get the money. We did this, and then made the appointment top see a lawyer for the deed transfer, and invited the in-law / current poa of my Mother to join us, and she did....It was all on the up,and up.


Now after a year, after the incident in sept 13, I got as letter from my Mothers / in-laws lawyer asking for the house back, stating the sept 13 incident as the reason, and medicaid issues over a penalty. They never thought to file for the exemption for any penalty regarding her home, and the deed as all the years of in home care by a son qualifies her, and all the years she stayed out of a nursing home because of it. I didnt even give him the courtesy of an answer. Well almost a year later i got a summons, and they want damages, and a reversal of the deed transfer. Now they state I used force, or influence to get her to sign it, which again is totally false. I answered the complaint, and made several counterclaims. The lawyer answered me back, but the answer didnt have a clerks time stamp on it..I can't afford an attorney, and tried legal aid, and pro bono, and got doors slammed in my face. My questions will be short, and quick as I go along, and hope i can get some guidance, and thank you.

1. The lawyer knows my mothers mental condition, and memory loss will prevent her from testimony that will be beneficial to their case, She must though correct?

2. Why haven't I been given a court date yet?

3. Can I, myself order, and conduct a deposition of my Mother even though there is a protective order on me with her thats due to expire in sept?

 

[quincy]

May I please get a an answer to my questions, and not be be throttled with an attorney would help advice. I DO NOT need an attorney, I simply need some guidance, but nobody seems to want to help me, and I'm asking nicely, please.

That actually is not asking very nicely.

Could you please answer the questions posed to you by Dave1952 on the 21st? Thank you.

 

[Ben54]

I'm asking the questions here

That actually is not asking very nicely.

Could you please answer the questions posed to you by Dave1952 on the 21st? Thank you.

It's irrelevant as to why legal aid has rejected me, and if the director recalls anything, he will be called to testify.

Now, again, if you can't answer my questions, why post.

" May I please get an answer to my questions " qualifies as nice.

 

[eerelations]

It's irrelevant as to why legal aid has rejected me, and if the director recalls anything, he will be called to testify.

Now, again, if you can't answer my questions, why post.

" May I please get an answer to my questions " qualifies as nice.

Still not very nice.

You should know that quincy is an attorney, and a very good one at that. quincy normally provides very extensive and informative advice to people posting questions here. When quincy asks someone to answer another responder's question, that means quincy also needs the answers, to help him formulate an extensive and informative response for that someone. You are certainly free to decline to clarify, but understand that if quincy doesn't get the clarification he is requesting, you may not get the guidance you're requesting.

 

[Mark Maroon]

1. The lawyer knows my mothers mental condition, and memory loss will prevent her from testimony that will be beneficial to their case, She must though correct?

2. Why haven't I been given a court date yet?

3. Can I, myself order, and conduct a deposition of my Mother even though there is a protective order on me with her thats due to expire in sept?

1. Your mother doesn't even have to be alive for them to win their case against you. She certainly doesn't need to testify to anything.

2. I don't know the rules of court for your state. Maybe they don't set a court date until the plaintiff makes a request for a court date.

3. You cannot conduct a deposition of your mother if she has an active protective order against you.

Your attitude will probably be your biggest obstacle to winning your case...

 

[quincy]

It's irrelevant as to why legal aid has rejected me, and if the director recalls anything, he will be called to testify.

Now, again, if you can't answer my questions, why post.

" May I please get an answer to my questions " qualifies as nice.

You do understand the nature of this forum and FREE advice, don't you?

No one HAS to respond at all to your questions, even when some of us have the knowledge and the ability to answer the questions you pose. YOU do not control who replies in your thread or how they respond. The more respect you show to the volunteers on this forum, however, the more likely your questions will be answered.

I can only guess why doors were slammed in your face.

As to the questions in post number one:

1. If your mother is unable to testify, she probably will not be called to testify.
2. I don't know. Why don't you call the court and ask?
3. If your mother is unable to testify due to memory issues, why do you think she would be able to answer deposition questions? As a note, depositions can be oral or written.

Following is a link to Indiana's Rules of Civil Procedure. I suggest you look at Rule 17 (C), Rule 25 (B), Rule 26 (A)(1) and (C), and Rule 35 (a) - for a start.

http://www.in.gov/judiciary/rules/trial_proc/

And, yes, you probably DO need an attorney - whether you like to hear this or not.




edit to add: Thank you for the nice words, eerelations. I tried to send you a private message but your private message box is full.

 

[Eekamouse]

I'm sorry, I live in Indiana.

Being sued by my 87 year old mother / new POA (in-law) for reversal of a quit claim deed my Mother signed two years ago. I was my mothers caregiver in her home for 8 years, as she suffered countless medical issues, including stroke. She suddenly became very combative on week back in sept of 2103, and we fought for several days, that led up to my arrest for resisting arrest and battery. I was not guilty of either, but pled to resisting, just to get it all over with. The in-law came over right away and took over, and went around the neighborhood knocking on doors telling them i was beating my Mother and tying her up, all not rue, and asked then if they saw anything, and of course they didn't. She the next day had a protective order issued, and assumed POA, over me. I've not seen my Mother since. Now they want the house back, and claim I forced her to sigh it under undue pressure, and aggression, which is totally false. Mt Mother was in a nursing home rehabin a broken hip, back in 2013, and the social director approached us and talked about her home, and suggested we do this, and even referred a lawyer. Mom, and I talked about it a few months as we left for Vegas soon after he rehab was over, and decided to do this, only by my demand that we change her monetary assets at edward d jones to the other two siblings alive at the moment. This way , I'd get the house, and the girls would get the money. We did this, and then made the appointment top see a lawyer for the deed transfer, and invited the in-law / current poa of my Mother to join us, and she did....It was all on the up,and up.


Now after a year, after the incident in sept 13, I got as letter from my Mothers / in-laws lawyer asking for the house back, stating the sept 13 incident as the reason, and medicaid issues over a penalty. They never thought to file for the exemption for any penalty regarding her home, and the deed as all the years of in home care by a son qualifies her, and all the years she stayed out of a nursing home because of it. I didnt even give him the courtesy of an answer. Well almost a year later i got a summons, and they want damages, and a reversal of the deed transfer. Now they state I used force, or influence to get her to sign it, which again is totally false. I answered the complaint, and made several counterclaims. The lawyer answered me back, but the answer didnt have a clerks time stamp on it..I can't afford an attorney, and tried legal aid, and pro bono, and got doors slammed in my face. My questions will be short, and quick as I go along, and hope i can get some guidance, and thank you.

1. The lawyer knows my mothers mental condition, and memory loss will prevent her from testimony that will be beneficial to their case, She must though correct?

2. Why haven't I been given a court date yet?

3. Can I, myself order, and conduct a deposition of my Mother even though there is a protective order on me with her thats due to expire in sept?

You don't sound like you're a very pleasant person and I wonder why your mother would sign a quit claim on her house over to you that will obviously benefit you to the exclusion of her other children. You were her caregiver, you say, but you were arrested for resisting arrest and battery? Interesting. You should get an attorney because your charming personality makes no one here interested in helping you with your case.