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starr43

Guest
I have a problem where I don't know where I stand. Mom has dementia, although not incapacitated legally(very stubborn and independent).I didn't want to start a war, although there once was a medical malpractice suit that never got filed even though the attorney said we had a great case. In 99, Mom was DG with brain cancer spread from BC. She went through 20 doses of whole brain radiation, then boosts. Well, 6 months later she asked me to take her for a 2end opinion, it was then we found out she never had brain cancer, and that her head was radiated for nothing, on top of her stroke that she had had that one morning!!! I am the youngest of 2 siblings, sis is 51, me 43. Mom became unable to live at her condo almost 2 yrs. ago, which is in the next town, where her and I have always lived, in Mass. This is when she had her disabeling 2end stroke.

When she was dg with BC, sis flew up from FLorida(where she has lived for 30 yrs.), made out a will for Mom at the local attorney. Mom had owned the condo outright with my Nana who is 92 almost, and fading fast. Mom and nana still pay the taxes. They put the condo in 1/4 my name, and 3/4 sis's name, as she was supposed to be watching my nanas half, because nana went into a low income housing with other old or disabeling people, rent is only $200 a month.

This is my problem. It has been almost 2 yrs that the condo has been empty. It still has all Moms belongings in it. The ass. director told me it could of been rented, but sis and I have been estranged for years, no communication. Sis always does what Mom says, although her MRI is all white matter now, and she sits in florida 24/7 on a couch, and sleeps there too!!(When Mom lived with me last yr for a few months, I had homecare everyday, pt, ot and i put her in a bed, which my sis had made so difficult since the last 6 months mom was with her and they let her stay on the couch, and it took 4 weeks to straighten her back out!! They also never changed her health insurance, never took her to the Doc, this was after her 2end stroke) sis is the POA, done in 99 when Doc said Mom had 4 months to live. Now, it is 3 yrs later.

Sis lied to Mom, another story, turned Mom against me, I believe it was because of the MM suit that the attornies decided not to pursue, it is a gray area, she lives on. She should be in a nursing home, another battle. After 6 months of pure torture(I have 2 small children), Mom finally called to say she does love me, this was after many disowning, negative, hateful phonecalls(Mom is blind they dial up for her!) I prayed for the mmsuit to go down the tubes for sanitys sake, well right after that they wrote Mom a letter and told her. She has brain radiation necrosis from the radiation. Last summer I almost remortgaged my home to appoint a legal guardian for Mom as she has dementia, and I didn't want my sis to write us out of Moms will, The mmsuit, thats all. I decided after the suit was NOT going to be tried that it wasn't worth the war it would continue.

Now, the condo is still empty, Mom in Fla with sis. I want to make them either sell it, and give my nana back half of her money, or else sis will take it.Or, I want to be offered to live there and buy them out(I want a divorce and this seems like a good option) They are not in reality, they are in denial, they say that if Mom wants to go back there someday....... it will never happen as she cannot be left alone for 1 minute. I believe sis is waiting for nana to die, and my Mom, and then try to pull a fast one on me??? It seems that she thinks half of the condos worth is hers, and not nana's. Morally it is nana's, legally, the deed says what I told you previously.

Should I try to make them sell it? They will say terrible things about me. Mom is not going back there. Where do I stand, what can I do? It is a small townhouse community, maybe 20, which I have recieved letters from RE brokers wanting to sell it, they have buyers. Yet it sits empty, and I have no control over it, although my name is on the deed. In Aug, they changed the locks on me and my kids who I took swimming, for no reason, they gave the keys to the neighbor. We have no other family. Sis has hated me since I was born. What are my rights??

Sorry for the length of this but it is a bad situation, sis exploited and alienated my mom from everyone but herself, even mom's best friend here in Mass will no longer speak to her because of her meaness and dementia, and sis is their Goddaughter, they are disgusted in her. Please, I need some advice, this condo should not be sitting there empty for almost 2 yrs, it has been 3 yrs since Mom put it in our names. How can I make sure my nana gets her money back?? There are 2 other grandchildren here that sis ignored when making the will. She is greedy and hateful. But she ended up caretaking Mom, which is a burden, but she does treat my mom well, except for exploiting her which I had previously made a complaint of elder abuse, which they couldn't prove because Mom would say when the workers went there, that she "was happy as a clam". Any advice would ease my mind, thank you in advance. Wendy
 


ALawyer

Senior Member
Look, I started reading this but it went on and on and I won't bother going further.

This case of a disfunctional family and family feuds and serious mental illness and possible malpractice is NOT a matter that a lawyer can resolve for you over the Internet.

I am not even sure it is worth while for you to pay a lawyer the $200 per hour it costs on average nationwide to sit down with a capable lawyer and discuss the alternatives, as the matter may not be capable of resolution to your satisfaction, but I can't and won't try to do this for you.
 
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starr43

Guest
why the nastiness?

just a comment, maybe you shouldn't be giving out advice, I've read your other replies and you have a bad attitude. I could care less that YOU thought my problem was too long, and I don't need your advice anyway. Seen many longer posts on the WWW. Try being a bit nicer, more empathetic, what goes around comes around. So, you didn't need to reply if hostility was in your answer. Thanks alot "a lawyer".
 

vrzirn

Senior Member
I did not find any indication of "attitude" in the reply by ALawyer. In response to your overlong, repetitive and emotional post he provided a sensible and concise answer.
You have complex issues that will be very expensive to resolve and the conclusion may not be to your satisfaction. This is a legal forum and not a support group. He gave you legal advice.Free!
 

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