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Please Help my mom is disable

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dmitten

Junior Member
What is the name of your state (only U.S. law)? PA

My parents had a trust me and my sister both had power of attorney my father pasted which her attorney said it was no longer valid. She applied for a new power of attorney with out me knowing. She wanted to purchase the property from my parents to improve the house which we had a verbal agreement (email) that stated she would pay me and my sister for our share of the land. Once everything was transferred inot her name, she advised that she didn't owe me and my sister a cent because there was nothing in writing. She then abolished my parents trust and put everything in other accounts, changed all life insurance policies that she was benificary......Please help..What is the name of your state (only U.S. law)?
 
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curb1

Senior Member
It is too difficult to understand your question to give any advice. Where is your mother? Who is the "she" you refer?
 
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Kiawah

Senior Member
Your mom and dad had a house, and three kids (you and two sisters). Sounds like your parents created a revocable trust, and also made one of your sisters POA. Perhaps your parents had wanted the siblings to ultimately split the land that the house is on somehow. The one sister who was POA, had wanted to buy your shares (you and your other sisters share). Nobody ever figured out what the property or land was worth. But now you find out that your sister put a new POA in place, took everything out of the revocable trust, put some things directly in her name, and now claims that you and your other sister don't get anything.

In the meantime, your father has died, you don't know if he has a will or not, if he has a will you don't know what it says, you don't know if he still has a revocable trust or not, you don't know what property is in his name, or your mothers name, or is jointly held. We don't know what the deal is with your mother. And you want some help.

How close does any of this match the facts? and can you provide the correct details?
 

dmitten

Junior Member
Ok my parents had a trust which everything went to my mother, who has had a stroke. Once both of my parents had pased the estate was then to be divided between the three of us. Me and my sister both had power of attorney over everything. One week before my father pasted my sister moved in with my parents.

Once my father pasted my sister changed all of my mom's life insurance policies to have her as beneficery. She then stated that she was going to purchase the property from the estate. We had a verbal agreement in an email that she was going to give me and my other sister cash for our share of the property.

My sisters attorney then had my mom sign and transfer the property into my sister name. My sister than told me and my other sister that she did not need to pay us because there was nothing in writing stating she owed us any money.

Since my sister had the land transferred she then had my power of attorney revoked and removed all the funds from the trust into individual accounts in her and my mothers name.

When she had this all done my mom got upset and decided to move in with me. My mom now resides with me and now has pretty much nothing. I'm asking what can I do because I can't afford an attorney to fight.
 

curb1

Senior Member
Is your mom mentally competent? Who were the successor trustees of the trust? Was your mother the trustee of the trust when your sister dissolved the trust? How did she "abolished my parents trust"?
 

Dandy Don

Senior Member
How old is your mother? This is elderly financial abuse. Do a GOOGLE search or contact a local social services agency to see if there are any organizations in your city or county that handle complaints of elderly abuse. If there are no organizations then at least interview with a family law or probate attorney (tell them you need advice and that you can't afford to pay right now) to see if your state has laws against abuse of POA. She has committed a crime and needs to face charges so she can make restitution to your mother.
 

dmitten

Junior Member
My mother is 71 years old and has never been declared incompetent. When I tried to obtain an attorney he stated that she was incompetent and that we should appoint a guardian. When my sister found this out she was very upset.

I really appreciate all your help I will look into the house of aging to see if they can refer me to someone who might be able to help with pressing charges.
 

curb1

Senior Member
dmitten,
Get as organized as possible before seeking help. Have copies of everything (trust, POA etc.). Have exact dates for each thing you have mentioned above. If you do not do this, you could very easily not get help. Do your homework. Get clarification on mom's competency. Get a notarized letter signed by your mother that she felt manipulated. Do all of this immediately, before it is too late. After Mom passes it might be/probably will be too late.
 

dmitten

Junior Member
Curb1 thanks for all your help I have everything organized I just need someone to represent my mom or help me for a little. I just need to know what legal papers I should file and how to get everything taken care of, to benefit my mom. I really think my mom will live till she is about 100... She is in great health except for her stroke which affected her brain and she can not talk.
 

dmitten

Junior Member
Dandy Dan thanks for your help also.....I really appreciate any advise that anyone can give me. I just want her to pay for everything that she has taken from my mom.
 

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