My Brother Secretly recording me having a conversation

[commentator]

in reading the posts of this OP, I come to strongly suspect that Mom has been playing this game for years, and has successfully alienated these siblings to the point of no return. She says one thing when she talks to one, and one other thing when she talks to the other. This has been going on, I'd bet, long before age and dementia ever became even peripheral issues.That's not necessarily a tragedy, there are siblings, and then there are siblings....... However, this poster seems to be consumed by it all. She is the one who really should be getting some good counsel for herself to deal with this very traumatic eldercare/estate/inheritance situation.

 

[quincy]

That's an AI response.

AI is a real problem when it comes to answering legal questions. The information that is provided can be marginally helpful and accurate in a very broad sense, but it can offer no specific advice and there are enough errors or omissions in what is published as to be misleading.

There is a well-known legal advice site on the internet with attorneys who claim to be answering all of the questions posted - but these attorneys have been relying in recent years on AI. Although the attorneys are required by the site to note when their answers have been AI-generated, consumers apparently are missing this notice posted by the attorneys above their answers or the consumers have no idea what AI-generated means.

This thread is a good example of why you should not trust everything you read on the internet, even from purported attorneys. It is why specific facts always matter if you are looking for specific answers for a specific situation.

It is why everyone who comes to this forum for an important legal matter should seek out an attorney in their own jurisdiction and sit down with this attorney for a personal meeting and review.

NeonMoon is probably going to continue to believe what he wants to believe - that his brother violated the recording laws in the state of New York - even when the facts he has presented to us here clearly indicate that neither the brother nor Franc did.

I wish NeonMoon and his family much luck in healing their fractured relationships with each other. I don’t see that any thoughts of legal threats or any legal action is available or will help in that pursuit.

 

[NeonMoon]

in reading the posts of this OP, I come to strongly suspect that Mom has been playing this game for years, and has successfully alienated these siblings to the point of no return. She says one thing when she talks to one, and one other thing when she talks to the other. This has been going on, I'd bet, long before age and dementia ever became even peripheral issues.That's not necessarily a tragedy, there are siblings, and then there are siblings....... However, this poster seems to be consumed by it all. She is the one who really should be getting some good counsel for herself to deal with this very traumatic eldercare/estate/inheritance situation.

You are 100% correct. My mother has been playing this game for years. Actually, while in the hospital a few weeks ago, she actually admitted to me that she gives her son the power to do things (POA/HCP) because she feels bad for him because he is the weaker of the two of us. Sad excuse and a dangerous one at that. She does talk out of both sides of her mouth which has been witnessed by her nurse and her tenant who lives downstairs and looks in on her daily. What my mother has done and what my brother does to me with the power he thinks he has (In NYS, POA is typically granted immediately and not when the grantor is incapacitated). My brother always threatens me with something (texts to back it up). With my brothers BS and my mother's BS I landed in the emergency room in Dec 2023 with BP at 215/110. I was advised by the medical field to stay away from both of them. They are toxic and my mother is just too afraid of my brother and that he'll be forever P'off'd if she took control away from him. It's so pathetic. I need to stay away from them and yet I feel guilty if I don't call her so I do it out of obligation but every phone call is just awful

As for the criminal offense... wrt recording... my brother and his accomplice think they can be prosecuted. They are both to idiots to even further investigate it. My brother hasn't harassed me since Oct 11th. I am loving the peace.

 

[stealth2]

You are 100% correct. My mother has been playing this game for years. Actually, while in the hospital a few weeks ago, she actually admitted to me that she gives her son the power to do things (POA/HCP) because she feels bad for him because he is the weaker of the two of us. Sad excuse and a dangerous one at that. She does talk out of both sides of her mouth which has been witnessed by her nurse and her tenant who lives downstairs and looks in on her daily. What my mother has done and what my brother does to me with the power he thinks he has (In NYS, POA is typically granted immediately and not when the grantor is incapacitated). My brother always threatens me with something (texts to back it up). With my brothers BS and my mother's BS I landed in the emergency room in Dec 2023 with BP at 215/110. I was advised by the medical field to stay away from both of them. They are toxic and my mother is just too afraid of my brother and that he'll be forever P'off'd if she took control away from him. It's so pathetic. I need to stay away from them and yet I feel guilty if I don't call her so I do it out of obligation but every phone call is just awful

As for the criminal offense... wrt recording... my brother and his accomplice think they can be prosecuted. They are both to idiots to even further investigate it. My brother hasn't harassed me since Oct 11th. I am loving the peace.

Having a sibling much like this (though our parents were nothing like your Mom), understand that you eventually get to walk away. Do keep an eye on that BP, though... You don't want to end up with a stroke as I did (I won't tell you what numbers I reached...)...

 

[NeonMoon]

Stealth2 / I am on BP meds and Xanax. I was in the ER for 5.5 hrs that night and they had me hooked up to EKG, heart monitors, bloods tests, etc and found everything to be in good order so they came to conclusion it was my toxic mother and brother that got me there. They said STAY AWAY FROM THEM but guilt has me calling my mother. If I don't, my mother cries to my brother and than my brother has more ammo against me. It's all a game for him.