What is the name of your state? Alabama
My husband's mother passed a week ago in the rehab section of a nursing home and was in the home a total of 3 weeks. In the first week of her stay there her son, (who I will refer to from now on as the older son) who is retired, left on a golfing trip to California to stay for the entire month. My husband, (the younger son) who is the executor of her will and has power of attorney, and was the responsible party for the mother in the nursing home, was not called or notified at all of this trip. The week before the mother went into the nursing home she was in the hospital for a week and the older son called the younger son from the hospital telling him that he was through with the mother, whom he called "only my birth mother" and was leaving and wanted nothing more to do with her. However, the older son did show up at the nursing home for the first week. The younger son and the older son have not spoken since the first week in the nursing home but apparently the older son found out the mother passed from his wife who would show up for visits at the nursing home and must have found out from the staff that the mother passed since the younger son did not call and tell her or the older son. The older son showed up at the funeral home for the service but did not go to the cemetery as the younger son did.
The will, as we know about it, (it has not been read yet), divides her assets between the older son and the younger son. Would the actions of the older son constitute elder abandonment? The younger son is planning on challenging the older son's rights to the mother's estate because of his actions during this time.What is the name of your state?
My husband's mother passed a week ago in the rehab section of a nursing home and was in the home a total of 3 weeks. In the first week of her stay there her son, (who I will refer to from now on as the older son) who is retired, left on a golfing trip to California to stay for the entire month. My husband, (the younger son) who is the executor of her will and has power of attorney, and was the responsible party for the mother in the nursing home, was not called or notified at all of this trip. The week before the mother went into the nursing home she was in the hospital for a week and the older son called the younger son from the hospital telling him that he was through with the mother, whom he called "only my birth mother" and was leaving and wanted nothing more to do with her. However, the older son did show up at the nursing home for the first week. The younger son and the older son have not spoken since the first week in the nursing home but apparently the older son found out the mother passed from his wife who would show up for visits at the nursing home and must have found out from the staff that the mother passed since the younger son did not call and tell her or the older son. The older son showed up at the funeral home for the service but did not go to the cemetery as the younger son did.
The will, as we know about it, (it has not been read yet), divides her assets between the older son and the younger son. Would the actions of the older son constitute elder abandonment? The younger son is planning on challenging the older son's rights to the mother's estate because of his actions during this time.What is the name of your state?