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elder giving all of money away-mentally incompetent

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carol welch

Guest
Father in law passes away, Mother in law becomes ill unable to take care of self. 3 children. Discuss fact that she cant take care of self and asks to live with one of children. Does not want to live with other two (personality/life style conflicts). Agrees to sell home and move in with son. Son's home to small and does not accomdate an elderly person. Agrees to help son with purchase of new home in exchange for place to stay and agreement that son and wife will look after her and not put in nursing home (unless absolutely necessary). Assets are about $200K. Agrees to give son $100,000 to assist with home. Son has home built with mother-in-law suite on first floor.

Other son and daughter find out and go balistic. Mother in law says its none of their business and wants a place to live and doesnt want to live with them.

Year goes by and house almost done. Son she is living with finds out she has given other son $65,000 + car over the course of a few months. Gave daughter nothing. Also gave grandchildren sizable gifts. Other son who she doesn't live with and gave $65K to does not work nor does his wife, plan on moving south.

Now down to $25K. Son she doesnt live with & who she gave $65K to takes her out for the day and winds up taking her to bank and closing out her accounts and transfering all money to his personal account - wiping her out.

Mother in law realizes what she did next morning (thought she gave him $10K) and calls him up and ask for money back. Son says no - he got it first and hangs up). Son she lives with calls bank and finds out what really happened and calls brother and tells him to give back or will go to police. Son goes to bank and transfers back.

Now Sister finds out and wants remaining $25K. Screamed and carried on until mother-in-law agreed (against Sons advice)

Daughter came while son and wife was out and got two checks for $5K each.

Mother-in-law does not know what is going on. when you tell her how much she gave away she doesn't remember doing any of it. I told son she is living with months ago to go to court or to get attorney and take control of finances, but didn't listen - trusted brother & sister - didn't realize how bad mother-in-law was or what she was doing.

Is there any thing we can do.

:mad: :confused: :eek:
 


ALawyer

Senior Member
See a lawyer about getting a conservator and then having the conservator sue to rescind the "gifts" as made while under a disability, or incompetent or undue influence.
 

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