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rights in probate?

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sjf

Junior Member
What is the name of your state?I live Ohio but case is in Indiana. My step father put my Mother in a nursing home. he didn't want her returning home but the home felt she was ready after rehab. She sent about 3mos there. When she came home, he called the doc just after a couple of days and said he need pain medication for my mother that she was in horrible pain. Without the doc seeing her he gave him a prescription. This medicine causes confusion and My mother was a mess. Behind my back, he told her if she didn't sign my POA away and make him her POA he would put her in the nursing home for life. Well mother signed it. She said she was scared not to. As soon as he was made her POA, he went to the bank and got over $20,000 dollars out of her account and left her nothing. He bought two different cars and etc. And the very day he took her money. He took her that evening to the hospital for confusion where she was admitted. This was a short cut to put her back in the nursing home otherwise there was a waiting list. He did buy out of her account a grave and headstone but told me he didn't think he wanted to have it engraved because he thought he would get married again. He bought 2 graves. Well, after mother was in the nursing home for a few days and that pain medication was out of her system she called me to come and get her and bring her to Ohio because he wouldn't let her come back to her home. I did as she ask. He wouldn't even give her ,her personal belongings and I had to hire an attorney. Its a small little town and being out of state I think they were bais. The attorney didn't fulfill his obligations and charged me $1,110.00 for a legal sepration and for me to pick up her things the court awarded. Her husband gave me 1 hour to get to the house get the stuff and it was the weekend and there was no way possible for me to get it all. I came back to Ohio with part and the attorney was suppose to file for divorce and also may a time that I could get the rest of her personal affects and etc. That was never done. Mother made out a new will in Ohio and it was close to Christmas . The attorney had everything right in her will but she wanted my husbands name added along with mine so he took it back to the office, went on a trip over the holidays and it never got signed. to me this was intent. Mother died Christmas Eve. We called from the hospital and told my step father that she was going to die and he said, she died when she left here. When mother passed, we called him again and heard the same statement from him. We left her in the morgue for several days to see if he was going to come after the body. Well we had to act so we bought a grave and paid for it and the opening and closing, which was$2.950 dollars. He will not pay us back. The law in Indiana says that a husband by common law duty has to pay for his wife's funeral expenses. He didn't but the grave with his money in Indiana, and he didn't come and get the body so isn't he resposible for paying us back? I was both of there POA"S The old will stated that if he died everything would go to her and if she died all went to him when they both died I was suppose to get everything. That will was made in the 80"s thats the will he gave me that was requested through the courts with some of the things I got of hers. Now if he had her to sign a new will when he had her revoke my poa, wasn't that unlawful? Not sure if I had the latest will. He was only her POA for almost a month before mother had it changed back to me. What r my rights and what should I do to get help. Seems since Im out of state nobody wants to take this case. If you need to as me any questions. please put in the subject line ...your mom so I will know its save to open. my email is [email protected]
Hey I hope someone out there knows the answers for me. I really need help and I don't know the time I have to do this. Oh yes he is married just as he said.
 


seniorjudge

Senior Member
You bought a grave for your mother in Ohio.

Let her (and you all) rest in peace.


Q: He didn't but the grave with his money in Indiana, and he didn't come and get the body so isn't he resposible for paying us back?

A: No.
 

sjf

Junior Member
seniorjudge said:
You bought a grave for your mother in Ohio.

Let her (and you all) rest in peace.


Q: He didn't but the grave with his money in Indiana, and he didn't come and get the body so isn't he resposible for paying us back?

A: No.
Well Its an Indiana Law called common law duty. So im not sure you have this right. And leave it alone, I can'/t you see im disabled, and now trying to help my teenage daughter all we can with expenses. She is fighting cancer. So we need our money back. Im on SS myself. Why do you think he should not pay? He has her money, the house everything and a new wife. I really don't want his house and etc just my mothers personal things and our money back. We had no choice but to pay for her grave and the opening and closing. He just left her in the morgue.
 
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Dandy Don

Senior Member
Talk to a lawyer experienced with elder financial abuse and/or family law to see whether your state has laws against abuse of power of attorney. He took $20,000 and was supposed to keep receipts proving he spent it for her care--since he apparently didn't do that, you have to bring charges against him to make him repay it.
 

seniorjudge

Senior Member
Dandy Don said:
Talk to a lawyer experienced with elder financial abuse and/or family law to see whether your state has laws against abuse of power of attorney. He took $20,000 and was supposed to keep receipts proving he spent it for her care--since he apparently didn't do that, you have to bring charges against him to make him repay it.
Read the original post again.
 

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