A
atxangel1
Guest
What is the name of your state? South Carolina
My mother became disabled in 1996. Shortly thereafter my step dad left her. She cannot take care of herself, so I have been helping her with everything. They have been married since 1976. My mother was living in their home until her hospitalization a few months ago. The home and everything else they own is in his name only. He will not allow her to divorce him. He makes her feels as if he'd literally kill her if she tried to take his "empire". She wants a divorce but is scared he'll get to keep everything. She is not expected to live another 5 years or so and is worried about mine and my brothers getting our share of her estate. They do have a will but I was told that if they are separated that the will would be void. Is this true? Can he sell their home and property and hide the money where she couldn't get any of it?
What would be our best line of defense here?
My mother was also self employed during their marriage and he rarely worked. He is an alcoholic. His brother in law was their CPA and when he did their taxes he listed my step dad as sole proprietor on the scedule C, therefore all of her ss and medicare benefits went into his account. All of the 1099's were in her name soley and we can't get any help with this either. So she has gotten the short end of the stick all the way around. She gets a 400.00 disability check, but that is currently stopped because she is hospitalized.
I am currently in the process of gaining Power of Attorney for her at this time.
Thank you for any advice you can give us here!
My mother became disabled in 1996. Shortly thereafter my step dad left her. She cannot take care of herself, so I have been helping her with everything. They have been married since 1976. My mother was living in their home until her hospitalization a few months ago. The home and everything else they own is in his name only. He will not allow her to divorce him. He makes her feels as if he'd literally kill her if she tried to take his "empire". She wants a divorce but is scared he'll get to keep everything. She is not expected to live another 5 years or so and is worried about mine and my brothers getting our share of her estate. They do have a will but I was told that if they are separated that the will would be void. Is this true? Can he sell their home and property and hide the money where she couldn't get any of it?
What would be our best line of defense here?
My mother was also self employed during their marriage and he rarely worked. He is an alcoholic. His brother in law was their CPA and when he did their taxes he listed my step dad as sole proprietor on the scedule C, therefore all of her ss and medicare benefits went into his account. All of the 1099's were in her name soley and we can't get any help with this either. So she has gotten the short end of the stick all the way around. She gets a 400.00 disability check, but that is currently stopped because she is hospitalized.
I am currently in the process of gaining Power of Attorney for her at this time.
Thank you for any advice you can give us here!