[unikornfairy]

My brother owes me $106,000.00 for his half of the cost of me caring for our Mother in my home for 10 years. The agreement was he'd paid me half of my salary so I could quit and stay home to care for her. We never imagined she'd live for ten years, but because of the care I provided, she had a good life, even though she required constant care for several different illnesses. She didn't want to go into a nursing home, so this is the arrangement we made. My brother always had excuses for not paying me, as he was divorced twice and had child support payments to each ex-wife. He kept promising he'd make good, but, he never paid one dime, ever. He kept promising when he didn't have child support payments he'd pay up. So, last year, I started demanding repayment (understand our Mom died in 2004, so I've been VERY patient and understanding, even when I had to file bankruptcy and lost my home because he didn't pay for all those years and my money ran out). He informed me he was dying of cancer and couldn't pay me back. So, again, frustrated, angry, fed-up, I resigned to never seeing one red cent. Now, he's gone and I learn his three children have inherited a trust fund each that split a million dollars evenly. So, my brother DID have the money, he lied, and used the money he owed me to pay for this fund. How do I recoup my money? I don't want to be mean to his children, but I want the money their father owes me.

[smearcase]

Was there a written agreement?

[Fr_Chuck]

Unless there is a written agreement, there is nothing you can do. And I am concerned depending on where you live, you waited too long to collect. SOL may have ran out.

You needed while he was alive, sue him in court and get a judgement against him.

[unikornfairy]

Was afraid of that, thanks for the help

[ScottGem]

Sorry, but as noted, without a written agreement, you have little basis for a suit. And, since your mom died 10 years ago, the Statute of Limitations has probably run out.

The only thing I can suggest is to go to your nieces and nephews, explain the situation to them (if they are not already aware) and ask if they are willing to make good on what their father cheated you out of. If the million was split 3 ways they each got $333,000 (approx). If they each contribute what they received over $300K, you can recover most of it. But you really have no legal basis to compel them.

[AK lawyer]

Did you list the claim against your brother in your bankruptcy filing?