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baby6775 · Jul 20, 2007, 11:35 PM

I have recently lost my mom due to illness. She had 3 daughters. I am the youngest. I was the only one that took care of her and my father. Four years ago, my father passed away, he burned alive in his home while the home attendant slept and my mom saw the whole thing happen. She was traumatized and very depressed. But before I get too far into the story. My Mom transferred her property to me 6 years ago. She had the papers drawn up with her attorney of many years. She always said that out of her daughters she knew I would always take care of her. She was very disappointed in the other 2 because they never came to visit. My mom lived in New York and so did the other 2. I on the other hand live in New Jersey and it would take me close to an hour to visit her. My mom made me promise never to sell the property and that she wanted to live the rest of her days in the home. I kept my promise. Now I am applying to be the administrator of her estate. The other 2 daughters refused and are stating that my mom signed the houses under duress. The attorney that prepared the transfer said that it is absurd and he will testify on my behalf. Keep in mind they never visited my mom and they lived miutes from her and now they are concerned. I have an elder law attorney that has helped me obtain legal guardianship of my mother 3 years ago. My mom was so depressed due to my father's death that she did not want to eat or take her meds. She was also on dialysis for 3 years. I was not going to allow her to die of depression so I decided to get legal guadianship, which the other 2 did not show up for. My attorney has not given me any hope of me getting administrator of the estate and he just says that the other attorney is claiming duress. How is this possible? I have done nothing wrong. I took care of both my parents. They both died living on their property and I never will sell this property. How can they claim duress? Should I get another attorney? I will be going to court later this month. HELLLLPPPP!!
No I never found a will on either of my parents. I wish I had it. But according to my attorney, Will's can be contested. When my mom died she had several thousands of dollars in a trust account that I managed. This money was from my father's life insurance. I kept an account of all that was spent on her to the last penny and still she had money left over. Also my mom was on Medicare through my dad and medicaid. So if there is money left over Medicaid will garnish it. The other 2 daughters do not seem to understand that. I have told my attorney that if I was administrator of the estate I will waive any fees. I would rather Medicaid get whatever money she had left than her 2 daughters. My mom was on Medicaid and medicare for about 4 years. My mom's Doctor has been taking care of my parents for 8 years and I told him about the situation. He responded, "I was not aware your mother had more children. I only saw you." The night my mom died her doctor was there and he told me he never say anyone take care of their parent like I did. I do not want to cause him any financial hardship if he was to be called into court. This doctor has done a lot for my family and he probably will show up to testify on my behalf but I do not want to pressure him.

Clough · Jul 21, 2007, 01:52 AM

I think that you need to garner the forces that you have in order to fight what is going on. I am not sure how the court system works where you live as far as things that you can submit to prove and support your side of a story. But, one thing that I would suggest is to get people who have known and have been witness to what has happened to write letters that are notarized and submitted on your behalf to the judge.

Hopefully, others will come along with their opinions and advice also.

mr.yet · Jul 21, 2007, 04:29 AM

Find a new attorney, SInce the other two did show up for the Guardianship hearing, and don't seem to care until now o need to show the court that you supported your mother and they did not.

Find a new attorney who will protect your rights an fight. THe only thing the others are doing is draining the estate in legal fees.

ScottGem · Jul 21, 2007, 06:43 AM

Your siblings and their lawyer can claim ANYTHING. The problem is proving it in court. Did your mom leave a will? Did she have any assets other than what she transferred to you?

If she didn't have any other assets, then you should have nothing to wrry about. The siblings didn't protest the transfer 6 years ago (check to see if the statute of limitations for contesting that has passed). And they didn't protest your being made guardian 3 years ago. So while they can try to fight it, I doubt if they will win.

xoxlegallyblondexox · Jul 21, 2007, 06:52 AM

Originally Posted by baby6775

I have recently lost my mom due to illness. She had 3 daughters. I am the youngest. I was the only one that took care of her and my father. Four years ago, my father passed away, he burned alive in his home while the home attendant slept and my mom saw the whole thing happen. She was traumatized and very depressed. But before I get too far into the story. My Mom transferred her property to me 6 years ago. She had the papers drawn up with her attorney of many years. She always said that out of her daughters she knew I would always take care of her. She was very disappointed in the other 2 because they never came to visit. My mom lived in New York and so did the other 2. I on the other hand live in New Jersey and it would take me close to an hour to visit her. My mom made me promise never to sell the property and that she wanted to live the rest of her days in the home. I kept my promise. Now I am applying to be the administrator of her estate. The other 2 daughters refused and are stating that my mom signed the houses under duress. The attorney that prepared the transfer said that it is absurd and he will testify on my behalf. Keep in mind they never visited my mom and they lived miutes from her and now they are concerned. I have an elder law attorney that has helped me obtain legal guardianship of my mother 3 years ago. My mom was so depressed due to my father's death that she did not want to eat or take her meds. She was also on dialysis for 3 years. I was not going to allow her to die of depression so I decided to get legal guadianship, which the other 2 did not show up for. My attorney has not given me any hope of me getting administrator of the estate and he just says that the other attorney is claiming duress. How is this possible? I have done nothing wrong. I took care of both my parents. They both died living on their property and I never will sell this property. How can they claim duress? Should I get another attorney? I will be going to court later this month. HELLLLPPPP!!!!

Well.. the same situation went on with my mother and her siblings when my grandmother passed away. My mother took care of my grandmother day and night.. her siblings TRIED to fight it. But my grandmother signed over her house to her power of attorney. [which was my moms sister] but issued in her will that her home be issued to my mom. Therefore, no one could do anything about it. It was my grandmother's wishes. And they legally HAD to follow through with it!

In your mother's will did she state anything along the lines that she wanted you to have her home?