what area of lawyer do I need?

[valkyrie569]

Washington DC I was asked by a POA (and brother) to come to another state to care for a dying relative and ALL costs and expenses were to be paid by him ( via an expected life insurance payout) As a result of dealing with him I was defrauded of the costs due to me as well as my portion of insurance inheritance. The other state close to him and where death occurred and possible probate court ( although the estate was not handled via probate venue ) is New Mexico. What kind of specialty should I be seeking in my future New Mexican lawyer? civil, probate or what? thanks in advance.

 

[FlyingRon]

You make a claim to the estate for any debts incurred from the relative (or his attorney in fact). You would submit that to the probate proceedings in the state where the relative resided at death (presuming this is New Mexico).

As for the alleged "fraud" (and please, try to avoid using such terms when talking to the parties and lawyers involved. Just because you didn't get what you were expecting or even entitled to, doesn't make it fraud.) you likely will need to discuss that with an attorney down where the probate is as well.

Note that unless you are named as a beneficiary on the insurance policy, you have no claim to it. If the insurance has named beneficiaries (other than the estate) the money goes to them, no matter what other debts or statements or wills there are. This isn't part of the estate.

The probate court will determine what assets and debts the deceased has and then pay the debts. Any remaining funds will be determined as to who gets them based on the will, or in the absence of a will, the laws of intestate succession. The fact that you helped care for the deceased doesn't give you any particular rights.

 

[valkyrie569]

Go to probate even though the estate wasn't settled through the probate division? Yes I was listed as a beneficiary in the insurance policy.
My care for the decedant only came into play because my brother ( who as the POA ) promised that all my expenses would be paid and indeed he did pay me to get down there and that was it.

 

[adjusterjack]

Yes I was listed as a beneficiary in the insurance policy.

Well, how much money did you get when the insured died?

 

[quincy]

Washington DC I was asked by a POA (and brother) to come to another state to care for a dying relative and ALL costs and expenses were to be paid by him ( via an expected life insurance payout) As a result of dealing with him I was defrauded of the costs due to me as well as my portion of insurance inheritance. The other state close to him /and where death occurred and possible probate court ( although the estate was not handled via probate venue ) is New Mexico. what kind of specialty should I be seeking in my future New Mexican lawyer? civil, probate or what? thanks in advance.

Was the promise your brother made to pay you an oral promise or a written promise?

 

[valkyrie569]

Both..... but I have multiple emails stating this promise. He paid for my airfare, said he would get me a Credit card for the rest of my expenditures while I was there and basically never came through and let me stranded to fend my own way getting back home to DC.

Was the promise your brother made to pay you an oral promise or a written promise?

 

[valkyrie569]

My brother and another party got approximately 44K each. I understand I was to get about 8K.

Well, how much money did you get when the insured died?

 

[quincy]

Both..... but I have multiple emails stating this promise. He paid for my airfare, said he would get me a Credit card for the rest of my expenditures while I was there and basically never came through and let me stranded to fend my own way getting back home to DC.

You potentially can sue your brother for the costs he promised to cover.

 

[valkyrie569]

I relinquished my portion of the inheritance so my sister could be buried. The funeral home and my brother wanted me to sign an irrevocable assignment of insurance to the tune of over 6K. I refused to do that as it made no sense to me and at that time I had no knowledge of being an inheritor. As a disabled person living on SSDI I could not afford to risk indebting myself to money I could not have paid. I did not trust the funeral home or my brother as he evidently (IMO) seemd to lack some menial understanding of wise contractual law. The funeral home was holding the body for only 4 days without some solid guarantee of payment so I offered to waive my fee so the remaining 2 beneficiares could and would have to sign the insurance proceeds to funeral home and the service could go on. I felt coerced by my brother and I saw no other option as the funeral home was feeding him their preferred go to plan. So now I have no inheritance and I'm out of pocket over 1K for the total bills my brother promised to pay!

Well, how much money did you get when the insured died?

 

[valkyrie569]

Well yes I thought of that but I was unsure which was the simplest for all concerned because of the insurance money . SO i'm back to my original question..if I go the route suing my brother what type of lawyer do I seek out , tort, civil litigation, contract ?

You potentially can sue your brother for the costs he promised to cover.

 

[quincy]

I am sorry a death in the family has led to such bitterness between the remaining members.

You can sue your brother if you are not paid.

 

[valkyrie569]

Thank you...needless to say the only saving memory of this fiasco was the opportunity to care for my sister and know that when she left this world it was not in an institution with uncaring souls around her. Even in hospice oversight they over dope patients with psychotropics !! grrrr.......
But I also learned 2 bitter lessons about my brother and my sister's roomate who stole all of her furniture via a lockout. She worked the sytem just beautifully. Accused me of an assault I never did...applied for a restrainng order with bogus allegations. What's that saying ...no good deed goes unpunished? I guess they're right.