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Will make a Great Screenplay...however....It's My Life!

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R

rachellew1

Guest
What is the name of your state?
California

hello and thanks for your interest...

I live with and am the Caregiver/Personal Assistant P, one of 2 heirs of a Very Very Evil and Messy Esate War. I have known the family for over 2 years and played the same role for his mother, who just passed away. I have excellent references..past and present.

We were penniless and under siege due to the other heir's incredibly illegal actions, the other heir being his brother, A, and thus had to hire an attorney on a contingency basis.

My questions are as follows:

1- Is the lawyer 'allowed' to demand 'his share' of the 1st check issued by the 3rd party he hired? We have been 'on charity' for months, welfare included, since the living trust had to go to probate;
(A, the other heir, had been the trustee and was removed)
We owe Everyone and need all of the $4,000 isssued...not knowing when we another check will be issued,
I thought Contingency Basis meant settling up at the end?

2- The third party turns out to be a lawyer as well and gets 10%... is that 'normal'? We have also has no contact with him, do not have his contact info and have not received copies of the Trust or the Will that the lawyer had to extradite form A, who stole them.

Since P is sick, and I am his PA, I am The One Responsible for All..which puts me in a very Vulnerable position. The idea of making me POA for his Finances etc, as I am for Health, is not an option, since A apparently pilfered quite a bit of $ but is trying to frame me...yes..this is all true! :(

The lawyer refuses to deal with me...re: P's affairs and the very atentaive positon I am in due to my role here. Not only that, but he is quite rude about it as well.
He knows I am receiving No Salary, just Room and Board, (I bring in $140 in Food Stamps) and minimum Expenses when there's $ for them.Yet he has told P 'Not to sign Anything'. He does not seem to realize that there would be no Estate is I wasn't here...caring for his client.

P and I drew up a letter about my role here and that I am not liable for any financial decisions as well as one authorizing the lawyer to talk to me about anything that needs to be handled.

3- Will that be 'enough' to 'protect me' and make this lawyer person deal with me??
4- Should he not also be 'representing' me re: A's side trying to frame me? Aren't I part of the Estate due to my role? Not only do I care for his client, and have been doing so thur 'thick and thin', w/o any salary to speak of. Not only that, but I am the one they have to come to for All and Everything re: The Case.
4- How do I handle the compensation issue?? As of now I have Nothing on paper...which leaves me where just in case P should suddently expire??? and what would be a suitable amount for over a year of service? This dates back to hos Mom as well...Sept. 25, 2003.

I am asking for a small cash settlement...$10,000, for them to fix up an old car they have for my use, 6 mos. of PIF Health Insurance (my health, mental and physical have suffered Immensely form all I have had to endure), $100 a week for my salary(should that be retroactive?)+ Room and Booard (I bring in $140 a month in Food Stamps). Also, I'd like The Estate to co-sign a loan (approx. $10,000) so I can have a Tummy Tuck!? :) Well...I deserve it..belive me! and since all attempts at 'fixing my credit' has been foiled by the situation at hand...I cannot do anything on my own.

Well..that's it..and thanks very much for your time and advice.

Yours with love, light and laughter
Rachelle ;)
 


Dandy Don

Senior Member
Please explain what you mean by the other heir's "illegal actions".

Why haven't you discussed your questions/concerns with your attorney?

The attorney is entitled to a percentage of any monies that come into the estate--better to pay him now since it will eventually have to be done anyway--contingency does NOT mean "settling up at the end".

First you need to go to the county courthouse probate court to see if the will has been filed yet (normally, that is done within 30 days after the death). If it has been, you can get a copy of it there.

Thank you for your noble service of assisting with this man's (and his mother's) health care, but you are somewhat naive and uninformed legally, and it may cost you dearly unless you act.

Unless there are reasons you have not yet explained, you are FOOLISH for not having gotten a POA for his finances, because that means you have no authority to handle his finances and that is why the trustee and executor have no obligation to give you any information about his mother's estate. If you had the POA you could ask for a copy of the will and trust--now all you can do is ask your attorney to get this information on behalf of P, since it's probably too late for you to get a POA now since someone else is handling the man's finances.

You have no reason to be afraid of brother A supposedly "trying to frame you", if you've done nothing wrong then he can't prove any false allegations against you, although I do understand that perhaps what you were saying is that if you were in charge of handling any finances that he may try to accuse you of somehow doing it incorrectly.

You were also foolish for agreeing to work for no salary. How many hours a day do you devote strictly to his care? Call a local home health care agency to find out what the going hourly rate is for someone who offers caregiver services like yours and then, get some type of agreement typed up that will pay you for your services on a weekly, bi-weekly or monthly basis.

Please don't make the mistake of asking the estate for a $10,000 loan for a "tummy tuck"--they don't care what you would want to use the money for, and they could deny that request based on stupidity alone, and how would you be able to repay that much money back anyway? They are under no obligation to loan you money for anything.

You are not automatically a part of this man's estate since you are not related to him. If he were to die without a will, his estate would be split amongst his brothers. If P is competent and alert and able to speak/communicate his feelings, it would be the smart thing for you to do to consult with your attorney to consult with P to get a will drafted for him that perhaps splits the estate between the brothers and you, or that at least gives you an inheritance of a reasonable amount and that also mentions your deservedness because of his gratitude for the healthcare services you provided for him and his mother. And you should be discussing with P the need for an improved or newer car and for your health insurance needs so that if he receives anything from his mother's estate he will be able to afford to help you with those matters.

DANDY DON IN OKLAHOMA ([email protected])
 

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