Exploitation?

[Truemagnum15]

What is the name of your state (only U.S. law)? Washington

My uncle lived on land that was passed down to him from his father. My mom, his sister, has been an heir in his wills all of his life. In 2008, in his eighties, he obtained a caregiver who began residing in an extra residence on his property, app. 50 yards from his residence. He had always paid all housing expenses for both homes.
His caregiver has subjected him to mental abuse and led him on sexually. In September of 2008, she alienated him from his brother (who just happened to be executor of his will), which resulted in a court battle that lasted almost a full year. His brother was fighting to protect my uncle's interests and she succeeded in making him look like the bad guy.
My uncle's caregiver has never contacted any family members in the event that my uncle becane ill, went to hospital, etc.
His caregiver had him living in her home by the end of 2008. In April of 2009, my uncle's will was changed to exclude his brother and place the caregiver as executor and trustee of his will and attorney in fact of poa. It also bequeathed her the property at the address where she resided (by then her, her spouse and mother in law were all living there debt free). Mom was still in the will for the rest (80 acres at the address next door) as she had always been. Four months later, the willi is again revised and the caregiver is sole beneficiary.
ALL land that had been bequeathed "upon his death and survviving him twenty days" was Quit Claimed to the caregiver while acting as attorney in fact and my uncle was alive. Two weeks before he died, she sold 70 acres of forest land . Utimately, when he died, there was nothing to transfer, as it already had been.
When my mom was asking questions, her lawyer sent her a cease and desist letter, telling her it was a nonprobate case and to stop pursuing the matter.
Doesn't my mom have the right to challenge this matter? The 17th of this month will be 4 months since his death.
The allegations above have been witnessed by me. Also, when my uncle was in the hospital in 2008, he was diagnosed with mild dementia at that time. I walked into the room to find the caregiver lying in his bed with him, holding his hand.
Is this not exploitation?

 

[curb1]

Are you (and Mom) sleeping, or what. Do you just stand by and let people rob you whenever they like? You should have had an attorney on this a year ago. What have you been thinking or doing? Now you have a real problem.

 

[curb1]

Actually, your attorney should have been involved in 2008. Why so slow?

 

[commentator]

Quote: Also, when my uncle was in the hospital in 2008, he was diagnosed with mild dementia at that time. I walked into the room to find the caregiver lying in his bed with him, holding his hand.

No, actually, as long as an attorney was willing to do him a will, which should not have been done if he were not in his right mind, he had the right to leave his stuff and property to anyone he wanted to. You can't be someone's "heir" all their life or your life. There's no inherent right to being an heir.

If this woman was lying in bed with him holding his hand, instead of being out spending his money or changing his will while he lay there alone, it sounds like he was getting some value for his money, at least. Did you have access to your uncle while he was doing all this will changing? Was he in his right mind, did he express his desire to do what he was doing? Was she keeping him from you at this point? I believe the horse has already left the barn in the situation you have describe. Just curious...would you have been willing for your uncle to sell his property or go into a nursing home and give it to the state instead of being cared for by this person and then leaving her all his property and wealth? Or if she hadn't done so, would you have been willing to keep him in your home so he wouldn't have to have care in a skilled care facility?

 

[Truemagnum15]

To Cub I: We had not retained an attorney because we hadnoidea what was happening. My mom was told by the caregiver all these years that my uncle was giving her the land the homes were on plus ten acres. My mom hadno problem with that. My uncle died October 17, 2012, and until December 25, 2012, my mom had no idea what had transpired. She only found out then because she called and asked her about it. The caregiver told her Quote:" Stewart had so much trouble with his brother that we decided to just cut you out too." unquote. Isit not illegal to have all property left you in a will tranferredtoyou BEFORE decedent's death? She not only already had it transferred months before,she sold $306,000 worth of property two weeks before his death. There were no transfers to take place, as they werein the past.

To Commentator: No, we did not have access to my uncle after he went to the hospital and came home again. He was no longer allowed to live in his home. Yes, I would, in fact, have moved up to his home to care for him. The caregiver is residing in my sister's old residence, in fact. Originally, when my aunt was stillalive, my sis and her hubby moved their mobile home up there to be their caretakers of the property. But my sister's spouse died suddenly in 2000 and my aunt died just as suddenly a few months later. That is how the caregiverknew my uncle. She was friends with my sis. My sis died in 2005. This caregiver knew my uncle was vulnerable and she took full advantage of that.
The lawyer is the son of my uncle's original lawyer, as Dad retired. Anyone know a good lawyer in Cowlitz or Clark county, WA?

 

[commentator]

Your aunt died in 2000, your uncle died, in his 80's in 2012. There is a fairly good chance he was in his right mind, at least a fair part of this time. You say that when your other uncle took this to court, he was made to look like the bad guy. Courts are not blind. Attorneys don't miss much. If your uncle had had dementia at this point, or there was evidence of abuse, I suspect it would have been noticed and would have become an issue.

I am not seeing where you can challenge this circumstance you claim happened (his being mentally abused and led on sexually for over ten years after his wife's passing) and justify your demands that the court declare his last two wills invalid and leave your mother the property, especially at this point. Have you discussed this with any attorneys? With power of attorney, it is possible she could justify selling the property before his passing to obtain money to pay for his care.

The logical question is, if you were so sure your uncle was being abused and exploited, and being kept from seeing the rest of his family, why did you not say something or try to do something to help him until it came right down to the willing of the property to you folks? It sounds as though he picked what he preferred(as far as care and company went) kept it a good long time, and rewarded it.

 

[curb1]

You said you had "no idea".

But you did previously say, "His caregiver has subjected him to mental abuse and led him on sexually. In September of 2008, she alienated him from his brother (who just happened to be executor of his will), which resulted in a court battle that lasted almost a full year".

That is the time this should have been addressed. It will be very difficult (and expensive), to change what has taken place. It might be worse than difficult, it could be close to impossible.

Run it by an attorney, but be careful not to run up a large legal bill with no hope of resolving this in your favor.