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  #1  
Old 01-03-2009, 12:51 PM
Junior Member
 
Join Date: Jul 2007
Posts: 14

Can't go on anymore...


Ohio,
Not sure where I should put this and I'm sorry it's so long.
Ohio,
Hello everyone and thanks for reading. I hope I can get some advice.
I posted awhile back about my mother having Ovarian Cancer and being really sick. I was concerned about a cousin that moved in with her and taking advantage of her. I since solved the problem and moved on to bigger ones unfortunately. It involves both my siblings
(Older brother and younger sister)

My mom lives on a fixed income, in 07 she was going through Chemo and very sick, my sister lived in NC and was going though a very bad divorce to the point that it gave her a nervous breakdown (mental abuse from her husband and teen age son) She was a housewife for 20 years. My mom wired her $5.000 to hire an attorney took it from a credit card. Sister ended up going in a battered shelter her attorney kept in contact with us letting us know that her state of mind was not good in his personal opinion he believed her state of mind was about of a 12 yr. old. Also advised us that she had to stay in NC at least until the divorce was filed and that would be at least 1 year. During her stay in the shelter my mom supported her on credit cards wiring her money weekly. Her husband and son would see her car parked and would damage it so it would not run. my mom would pay to have it fixed.

Finally they came to an agreement and my sister was awarded a lot of money plus 8 yrs. of alimony. She called my mom and set up a payment plan and was going to start making the payments on the cards. We made arrangements to bring my sister home to start therapy and start a new life. Before we got to her, her husband talked her into meeting him in a store parking lot to sign there’re income tax papers even though she was advised not to. The meeting went bad to say the least. When she left she was heading to the park to call me and tell me about it. She spent many hours in the park, on the phone with me daily. That phone call never came. 4 days later her divorce Attorney called me and let me know she was in jail. She had caused a bad accident while entering the park in the wrong lane. She thought she was in a left hand turning lane when actually it was the lane for oncoming traffic. She pulled out in front of a truck a motorcycle was behind the truck and hit the truck head on and was life flighted out. He did live but was badly hurt. My sister went ahead and pulled in the park and parked. The police came and arrested her for leaving the scene. I wired her attorney money and he got her out. Her state of mind went from bad to worse. She told me the woman in the shelter said she will go to prison now.

That’s when she disappeared for a whole year she drove around the states alone going to shelter to shelter with only a few clothes in her car and no money. She finally called us in July of 08 and said she was ready to come home so my mom wired her money. She never showed up! Oct. of 08 she called again said she wanted to come home and help me with our mom and get her life together. I/we felt she would run again. I finally got her on the phone and tracked her down in Denver. I promised her I would wire her money to come home on instead I booked a flight and went to Denver. I found her in a Wal Mart parking lot where she had been for 3 days no food nothing.

My sister has been staying with my mom and actually she’s too unstable to help me with her. So now not only am I taking care of my mom I’m taking care of my sister too!
She hardly eats or talks stare out into space all the time. I can’t talk her into going back to NC and face her problems; she wants to stay in hiding the rest of her life. We can not hire an Attorney for her now because she never paid back what my mom gave her.

Mom maxed out her credit cards on my sister and brother thinking they both would pay her back. Well guess what they didn’t; now the creditors are calling her 5 and 6 times a day. Mom took from one card to send to another. I took over payments on two of the cards, I’m tired of helping, and I’m drained. I’m the only one that works full time and care for my mom full times with Dr.s appt. in home care everything. I should have told my mom no when she told me she was going to help them. But that would make me the bad guy. Well it turns out I’m still the bad guy!

As for my brother he did the same thing to my mom during the same time she was helping my sister. I won’t get into his story just that he owes her thousands of dollars and promised to pay her back when he received his back disability check. Well he received his check a few weeks ago over $150.000 guess what my mom got? A thousand dollars she sent it straight to the creditors.
It’s not nearly enough! He won’t even go see her actually he never really did, and he lives next door. I get zero help from him.

In 07 my mom signed her house over to me right after we found out she had Cancer. My question, we have been talking about me financing the house and paying off the bills my siblings put on her. Since it seems neither one of them will pay her back now. I don’t know what else to do. I can make the monthly payments and take that from her and give her a little piece of mind.

But when my mom passes my siblings will be first inline for the sale of the house. I feel like I’m going behind there back. When my mom passes I won’t sell the house I’ll rent it to pay the dept off. Then I might sell it. Sad thing is her dept from them is about thirty thousand I can get a load for 50 my mom said do it. I’ll give her 10 and I’ll keep 10.
Is this legal? Can they take me to court and still make me give them a 1/3? I’m not sure what I should do the house is free and clear paid. I just know I need to give her some relief.

Sorry if this is so long.
  #2  
Old 01-03-2009, 12:55 PM
Senior Member
 
Join Date: Mar 2005
Location: Funkytowwwwwn
Posts: 8,893
if mom already "sold" you the house- I don't think the siblings would have a claim to it- it's not part of her estate
__________________
"Everything was his idea...except my leaving him."
  #3  
Old 01-03-2009, 01:15 PM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 34,550
How is the deed on the house worded?
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #4  
Old 01-03-2009, 01:16 PM
Junior Member
 
Join Date: Jul 2007
Posts: 14
The deed is in my name only..
  #5  
Old 01-03-2009, 02:09 PM
Senior Member
 
Join Date: May 2004
Posts: 43,931
Quote:
Originally Posted by shockme View Post
Ohio,
Not sure where I should put this and I'm sorry it's so long.
Ohio,
Hello everyone and thanks for reading. I hope I can get some advice.
I posted awhile back about my mother having Ovarian Cancer and being really sick. I was concerned about a cousin that moved in with her and taking advantage of her. I since solved the problem and moved on to bigger ones unfortunately. It involves both my siblings
(Older brother and younger sister)

My mom lives on a fixed income, in 07 she was going through Chemo and very sick, my sister lived in NC and was going though a very bad divorce to the point that it gave her a nervous breakdown (mental abuse from her husband and teen age son) She was a housewife for 20 years. My mom wired her $5.000 to hire an attorney took it from a credit card. Sister ended up going in a battered shelter her attorney kept in contact with us letting us know that her state of mind was not good in his personal opinion he believed her state of mind was about of a 12 yr. old. Also advised us that she had to stay in NC at least until the divorce was filed and that would be at least 1 year. During her stay in the shelter my mom supported her on credit cards wiring her money weekly. Her husband and son would see her car parked and would damage it so it would not run. my mom would pay to have it fixed.

Finally they came to an agreement and my sister was awarded a lot of money plus 8 yrs. of alimony. She called my mom and set up a payment plan and was going to start making the payments on the cards. We made arrangements to bring my sister home to start therapy and start a new life. Before we got to her, her husband talked her into meeting him in a store parking lot to sign there’re income tax papers even though she was advised not to. The meeting went bad to say the least. When she left she was heading to the park to call me and tell me about it. She spent many hours in the park, on the phone with me daily. That phone call never came. 4 days later her divorce Attorney called me and let me know she was in jail. She had caused a bad accident while entering the park in the wrong lane. She thought she was in a left hand turning lane when actually it was the lane for oncoming traffic. She pulled out in front of a truck a motorcycle was behind the truck and hit the truck head on and was life flighted out. He did live but was badly hurt. My sister went ahead and pulled in the park and parked. The police came and arrested her for leaving the scene. I wired her attorney money and he got her out. Her state of mind went from bad to worse. She told me the woman in the shelter said she will go to prison now.

That’s when she disappeared for a whole year she drove around the states alone going to shelter to shelter with only a few clothes in her car and no money. She finally called us in July of 08 and said she was ready to come home so my mom wired her money. She never showed up! Oct. of 08 she called again said she wanted to come home and help me with our mom and get her life together. I/we felt she would run again. I finally got her on the phone and tracked her down in Denver. I promised her I would wire her money to come home on instead I booked a flight and went to Denver. I found her in a Wal Mart parking lot where she had been for 3 days no food nothing.

My sister has been staying with my mom and actually she’s too unstable to help me with her. So now not only am I taking care of my mom I’m taking care of my sister too!
She hardly eats or talks stare out into space all the time. I can’t talk her into going back to NC and face her problems; she wants to stay in hiding the rest of her life. We can not hire an Attorney for her now because she never paid back what my mom gave her.

Mom maxed out her credit cards on my sister and brother thinking they both would pay her back. Well guess what they didn’t; now the creditors are calling her 5 and 6 times a day. Mom took from one card to send to another. I took over payments on two of the cards, I’m tired of helping, and I’m drained. I’m the only one that works full time and care for my mom full times with Dr.s appt. in home care everything. I should have told my mom no when she told me she was going to help them. But that would make me the bad guy. Well it turns out I’m still the bad guy!

As for my brother he did the same thing to my mom during the same time she was helping my sister. I won’t get into his story just that he owes her thousands of dollars and promised to pay her back when he received his back disability check. Well he received his check a few weeks ago over $150.000 guess what my mom got? A thousand dollars she sent it straight to the creditors.
It’s not nearly enough! He won’t even go see her actually he never really did, and he lives next door. I get zero help from him.

In 07 my mom signed her house over to me right after we found out she had Cancer. My question, we have been talking about me financing the house and paying off the bills my siblings put on her. Since it seems neither one of them will pay her back now. I don’t know what else to do. I can make the monthly payments and take that from her and give her a little piece of mind.

But when my mom passes my siblings will be first inline for the sale of the house. I feel like I’m going behind there back. When my mom passes I won’t sell the house I’ll rent it to pay the dept off. Then I might sell it. Sad thing is her dept from them is about thirty thousand I can get a load for 50 my mom said do it. I’ll give her 10 and I’ll keep 10.
Is this legal? Can they take me to court and still make me give them a 1/3? I’m not sure what I should do the house is free and clear paid. I just know I need to give her some relief.

Sorry if this is so long.
If your mother signed the house over to you, its YOUR property. It is no longer your mother's property and your siblings have no claim on it at all. They cannot take you to court and make you give them any part of it.

Refinancing the house to pay off the debt is probably a practical solution.

What happened to all of the money that your sister was awarded in her divorce?
__________________
in vino veritas
  #6  
Old 01-03-2009, 02:54 PM
Junior Member
 
Join Date: Jul 2007
Posts: 14
Quote:
Originally Posted by LdiJ View Post
If your mother signed the house over to you, its YOUR property. It is no longer your mother's property and your siblings have no claim on it at all. They cannot take you to court and make you give them any part of it.

Refinancing the house to pay off the debt is probably a practical solution.

What happened to all of the money that your sister was awarded in her divorce?
It's sitting in a bank I hope in NC waiting for her to go and get it! But she's to afraid to go back and face the music!!
  #7  
Old 01-03-2009, 03:06 PM
Junior Member
 
Join Date: Jul 2007
Posts: 14
To be a little clearer on the answer.
After her divorce attorney bailed her out of jail. she ran away for a year we didn't see her.
she never went for her hearing. so all the money we fought to get her is still there. If she goes back she'll be arrested. it's a felony. I know she needs to go back!
  #8  
Old 01-04-2009, 07:27 AM
Senior Member
 
Join Date: May 2004
Posts: 43,931
Quote:
Originally Posted by shockme View Post
To be a little clearer on the answer.
After her divorce attorney bailed her out of jail. she ran away for a year we didn't see her.
she never went for her hearing. so all the money we fought to get her is still there. If she goes back she'll be arrested. it's a felony. I know she needs to go back!
If the money is in an account, in her name, she ought to be able to access it without going there.

However if her attorney was sitting on the money, or had access to the money, then it may have been forfeited when she skipped bail.
__________________
in vino veritas
  #9  
Old 01-05-2009, 05:04 PM
Junior Member
 
Join Date: Jul 2007
Posts: 14
It's a little more complicated than that.
After she disapeared a few months after she was gone I called her then husband and asked him what he was doing with the money he was suppose to be giving her, he said nothing just holding onto it. I told him he should be putting it in a bank account because she would be back for it! I will see to it! He said he would but I dout it. Her divorce attorney kept in touch with me while she was gone and let me know when we did find her that he would pay for her to go back to NC and return to court for her money free of charge because he felt sorry and bad for her. He said in his 40 years of divorces this was the first time he ever seen such a tragic of events and he'll do anything to help get her money.
But! she goes back she'll get arrested. I can't talk her into going back. She needs mental help!!

Last edited by shockme; 01-05-2009 at 06:26 PM. Reason: typo
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