What is the name of your state (only U.S. law)? TN
My 83 year old mother moved from WA to TN 3.5 years ago to be near divorced daughter. Recently, mom in hospital for 3 weeks and it was thought she would pass away due to intestinal bleeding. When apprised of this, my sister brought in attorney and re-wrote mom's will. I was unaware of this until I visited 3 weeks later (sister attending wedding out of state) and mom asked me to help her organize her papers, taxes, etc. I found an attorney's bill dated when mom in hospital that was not marked 'paid' and enquired as to whether she had paid bill? Upon research we found that sister had paid bill from mom's account while mom in hospital. We found copy of new will and upon reading outloud to mom (she is severely anemic/needs new glasses and cannot read fine print) I asked mom if this is what she wanted? Every previous will she had always said she wanted everything to go half and half to the two daughters. This will was a radical change, benefiting my sister. Mom stated she did not remember making will/signing will/and that it was not her will. I showed her signature and page initials, which she could barely see. She said she could not have signed as she could not have seen print at the date of signing nor remembered such. (At the date of signing her hemglobin was about 1/2 normal which leads to cognitive impairment/confusion/weakness and decreased vision.) I asked her what she wanted to do and she said revoke it and return to original will written when she moved to TN. She called attorney. He ran right over with copy of original will but stated on her speaker phone that he could no longer represent her after this? We also discovered sister had written check, which she got mom to sign, in hospital, to move $50k from mom's savings account to checking account. Mom said she was so ill and sister kept saying, "if you die, I need money." According to bank, sister is joint owner with right of survivorship on checking (usual balance <$20k) and listed on savings (extremely large balance). Again, mom refuses to believe joint ownership and says bank made mistake and sister on account(s) as signee, only. Sister also cashed $600 from mom's checking before she left town for wedding and incorrectly logged it as mom-cash in mom's register but check stated to: name of sister and, for: cash, sister. Mom requested to go to bank and remove sister from her accounts and transfer back $50k. We attempted to do so but found mom no longer had valid picture id (required to open accounts and WA DL expired). We spent 3 hours at TN DMV obtaining picture id and returned to bank at closing time, Friday. Banker explained the easiest way was to keep accounts and have sister come in and sign away rights vs. open new accounts. Mom said she did not think sister would do so and banker explained that $50k reversal would not post until evening and/or 'pend' until Monday plus the auto debits and credits would have to be reinstated if new accounts opened. Mom very tired and mentally fading at end of day. Said she would have to come back with sister on Monday. I returned to NW and now mom afraid to address issues with sister or take sister to bank "because she will abandon me and not take me to my doctor's appointments." She says this one moment and the next states "sister would never do these acts and if she did, she will not do it again." I believe mother's bank accounts need to be protected from my sister but now that sister back in town she is again influencing mom. I assume my sister is also on my mom's TN Power of Attorney as I was on her WA one. I have suggested to mom to obtain advice (without either daughter present) from an elder care attorney on how to secure herself and HER wishes; but she is unable to cope with the concept.
What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
My 83 year old mother moved from WA to TN 3.5 years ago to be near divorced daughter. Recently, mom in hospital for 3 weeks and it was thought she would pass away due to intestinal bleeding. When apprised of this, my sister brought in attorney and re-wrote mom's will. I was unaware of this until I visited 3 weeks later (sister attending wedding out of state) and mom asked me to help her organize her papers, taxes, etc. I found an attorney's bill dated when mom in hospital that was not marked 'paid' and enquired as to whether she had paid bill? Upon research we found that sister had paid bill from mom's account while mom in hospital. We found copy of new will and upon reading outloud to mom (she is severely anemic/needs new glasses and cannot read fine print) I asked mom if this is what she wanted? Every previous will she had always said she wanted everything to go half and half to the two daughters. This will was a radical change, benefiting my sister. Mom stated she did not remember making will/signing will/and that it was not her will. I showed her signature and page initials, which she could barely see. She said she could not have signed as she could not have seen print at the date of signing nor remembered such. (At the date of signing her hemglobin was about 1/2 normal which leads to cognitive impairment/confusion/weakness and decreased vision.) I asked her what she wanted to do and she said revoke it and return to original will written when she moved to TN. She called attorney. He ran right over with copy of original will but stated on her speaker phone that he could no longer represent her after this? We also discovered sister had written check, which she got mom to sign, in hospital, to move $50k from mom's savings account to checking account. Mom said she was so ill and sister kept saying, "if you die, I need money." According to bank, sister is joint owner with right of survivorship on checking (usual balance <$20k) and listed on savings (extremely large balance). Again, mom refuses to believe joint ownership and says bank made mistake and sister on account(s) as signee, only. Sister also cashed $600 from mom's checking before she left town for wedding and incorrectly logged it as mom-cash in mom's register but check stated to: name of sister and, for: cash, sister. Mom requested to go to bank and remove sister from her accounts and transfer back $50k. We attempted to do so but found mom no longer had valid picture id (required to open accounts and WA DL expired). We spent 3 hours at TN DMV obtaining picture id and returned to bank at closing time, Friday. Banker explained the easiest way was to keep accounts and have sister come in and sign away rights vs. open new accounts. Mom said she did not think sister would do so and banker explained that $50k reversal would not post until evening and/or 'pend' until Monday plus the auto debits and credits would have to be reinstated if new accounts opened. Mom very tired and mentally fading at end of day. Said she would have to come back with sister on Monday. I returned to NW and now mom afraid to address issues with sister or take sister to bank "because she will abandon me and not take me to my doctor's appointments." She says this one moment and the next states "sister would never do these acts and if she did, she will not do it again." I believe mother's bank accounts need to be protected from my sister but now that sister back in town she is again influencing mom. I assume my sister is also on my mom's TN Power of Attorney as I was on her WA one. I have suggested to mom to obtain advice (without either daughter present) from an elder care attorney on how to secure herself and HER wishes; but she is unable to cope with the concept.
What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?