R
Roz73
Guest
Caregiver/daughter has property question
Pennsylvania. I'll try to summarize this the best I can. I moved in with my Mother after she was in an auto accident in 12/98 and have been caring for her ever since. I have also had P.O.A. for her ever since. She is 79 yrs old. She was diagnosed with Alzheimer's disease in 4/00. Before this diagnosis, we had done long term care planning with a lawyer; he explained that it was best to put the deed to her property/house in someone else's name to secure it for her in case she ever needed to go into a nursing home. We took his advice and did this, but no money was ever exchanged; considered a gift. I have one living brother who lives only 3 blocks away. I decided to include my brother's name on everything. Big Mistake!! Since Mom's been home after the accident from 3/99 on, my brother and his family does not even bother with her, doesn't even call to see if she's still alive. Mom has decided that she wants me to have her house after she passes on, so she asked my brother to take his name off the house deed. This was in 3/01. He absolutely refuses, and now he and his family have been causing us nothing but problems ever since. They are trying to make this look like it was ALL my idea. Mom knows exactly what she wants. She only has the beginning stages of Alzheimer's and is fairly competent 95% of the time.
What steps should we take next? Our lawyer says he can't go to court to fight to get my brother's name off the deed because he was the one that asked my Mother if this was what she wanted to do at that time. Is he just making excuses? I have called a few other attorneys, but so far they want us to come in for a long term planning session, which has already been done. What are our chances of taking my brother to court and having his name taken off this deed?
[Edited by Roz73 on 07-01-2001 at 08:18 PM]
Pennsylvania. I'll try to summarize this the best I can. I moved in with my Mother after she was in an auto accident in 12/98 and have been caring for her ever since. I have also had P.O.A. for her ever since. She is 79 yrs old. She was diagnosed with Alzheimer's disease in 4/00. Before this diagnosis, we had done long term care planning with a lawyer; he explained that it was best to put the deed to her property/house in someone else's name to secure it for her in case she ever needed to go into a nursing home. We took his advice and did this, but no money was ever exchanged; considered a gift. I have one living brother who lives only 3 blocks away. I decided to include my brother's name on everything. Big Mistake!! Since Mom's been home after the accident from 3/99 on, my brother and his family does not even bother with her, doesn't even call to see if she's still alive. Mom has decided that she wants me to have her house after she passes on, so she asked my brother to take his name off the house deed. This was in 3/01. He absolutely refuses, and now he and his family have been causing us nothing but problems ever since. They are trying to make this look like it was ALL my idea. Mom knows exactly what she wants. She only has the beginning stages of Alzheimer's and is fairly competent 95% of the time.
What steps should we take next? Our lawyer says he can't go to court to fight to get my brother's name off the deed because he was the one that asked my Mother if this was what she wanted to do at that time. Is he just making excuses? I have called a few other attorneys, but so far they want us to come in for a long term planning session, which has already been done. What are our chances of taking my brother to court and having his name taken off this deed?
[Edited by Roz73 on 07-01-2001 at 08:18 PM]