What can i do ?

[abeytadad41]

MY MOM PASSED AWAY ON FEB, 29 2012, IN DEC OF 2011 SHE RECEIVED 226,000.00 DOLLARS FROM MY GRANDFATHERS INHERITANCE, SHE WAS HOSPITALIZED IN JAN. 2012 AND NEVER MADE IT OUT OF HOSPITAL, SHE HAD PUT THE MONEY IN HER BOYFRIENDS ACCOUNT BECAUSE SHE DIDN'T WANT THE HOSPITAL'S TO TAKE HER MONEY, WHEN ASKED WHAT HAPPEN TO THE MONEY AND WHAT IS HE GOING TO DO HE SAID THE MONEY IS HIS AND HE IS'NT GIVING ANY TO ME AND MY BROTHER AND SHE SIGNED A PAPER THAT IT WAS ALL HIS, IS THERE ANYTHING I CAN DO THIS IS'NT FAIR AND ITS MONEY MY MY NEVER ENJOYED, HE WAS HER BOYFRIEND FOR ABOUT 6 YEARS AND HE DID TAKE CARE OF HER AND I FEEL HE DOES DESERVE SOME MONEY BUT NOT ALL OF IT. state (only U.S. law)? NEVADA

 

[Gail in Georgia]

Mom died yesterday and you guys are already fighting over this money that she attempted to hide from the hospital?

 

[abeytadad41]

what kind of answer is that, and yes were worried about this because its alot of money that my Grandfather worked hard for and its not fair! please if you cant help please keep your comments to yourself Im asking for advice not disrespectful comments

 

[Proserpina]

what kind of answer is that, and yes were worried about this because its alot of money that my Grandfather worked hard for and its not fair! please if you cant help please keep your comments to yourself Im asking for advice not disrespectful comments

It would appear that she gave her boyfriend a very generous gift. Why do you think you have the right to override her wishes?

 

[Zigner]

It would appear that she gave her boyfriend a very generous gift. Why do you think you have the right to override her wishes?

Ditto.....

 

[curb1]

When did mother put the money into "boyfriend's" account? Can you prove that he pressured her to do that? Sounds like it will be boyfriend's money. Big mistake on your mother's part unless it was her true desire for the boyfriend to have the money rather than you and brother.

 

[Zigner]

Mom was attempting to stiff the hospital.

 

[commentator]

Please don't use all caps, it's considered shouting.

But where your mother, rest her soul, made a big old mistake was in trying to evade the hospital bills. She thought she was going to stick it somewhere so the government wouldn't get it if she had to go on Medicaid like in the nursing home, or had to pay the hospital big exhorbitant bills. Well,that was plain old dishonest. An attempt to defraud. If you encouraged her to do this, shame on you. I doubt if the boyfriend coerced her to do this, but I bet he was grinning big while she did.

And by doing what she did, she demonstrated that it was her intention to give him all the money. You could take this to court and wouldn't have a prayer of getting any of the money. She was plainly in her right mind when she did this. Fair or not fair. What Grandpa worked hard for, he gave to your mother. Your mother gave it to her boyfriend, for whatever reason.

 

[curb1]

Question for anyone. If you put your television into boyfriend's house so the hospital can't get it, does the television belong to the boyfriend when you die?

Is it different for money placed into an account? (disregard " SHE SIGNED A PAPER").

 

[tranquility]

However, IF she were trying to "stiff" the hospital, what result?

Couldn't it be argued she didn't gift the money, but gave it to boyfriend to hold? Even with a signed "paper"?

I'd get an attorney or, if I were sneaky, I'd tell the hospital. They will get their attorney on trying to disgorge the money as a fraudulent transfer or in some sort of trust theory. If they win on their theory, all the money should come back into mom's estate. (Less what mom owes the hospital or state of course.)

 

[Zigner]

Question for anyone. If you put your television into boyfriend's house so the hospital can't get it, does the television belong to the boyfriend when you die?

No, but that's not a valid analogy.

Is it different for money placed into an account? (disregard " SHE SIGNED A PAPER").

Yep, because the money in the account is owned by the owner of the account.

 

[Zigner]

However, IF she were trying to "stiff" the hospital, what result?

Couldn't it be argued she didn't gift the money, but gave it to boyfriend to hold? Even with a signed "paper"?

I'd get an attorney or, if I were sneaky, I'd tell the hospital. They will get their attorney on trying to disgorge the money as a fraudulent transfer or in some sort of trust theory. If they win on their theory, all the money should come back into mom's estate. (Less what mom owes the hospital or state of course.)

I disagree. Only the money that was fraudulently transferred would come back. Namely, the money owed to the hospital. The rest wasn't fraudulently transferred

 

[tranquility]

Since the money was transferred before the debt arose, it would not be, strictly speaking, a fraudulent transfer. The fraud here may be on the part of the person with the money now, undue influence or misrepresentation or something.

 

[ShyCat]

Since the money was transferred before the debt arose, it would not be, strictly speaking, a fraudulent transfer.

Actually, it is not clearly stated when the money was given to the boyfriend, only that it had been done to keep the hospital from getting it. It may be that the transfer occurred before she was hospitalized, rather than after, but if so, according to the description of events, then the hospitalization was anticipated.