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    murrielevans's Avatar
    murrielevans Posts: 1, Reputation: 1
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    #1

    Jun 3, 2011, 02:22 PM
    My brothers and mother are suing me.
    Ten years ago my husband and I brought a house and moved my parents into it to get them out of a house that was falling apart around them. My husband and I made all mortgage, tax and insurance payments on the house. After my father's death a year and a half ago my mother came to live with me as per our agreement. Recently my brother has convinced my mother to move in with him. He obtain a Durable Power of Attorney and hired an Attorney. He has convinced mom that the house should be hers and that I took all of dad's money. I have been a joint owner on my fathers account for the past 15 years. Any money my dad had, less than 50K has been used for my mother's care. The attorney is asking for proof of everything and is threatening to open or file probate for my fathers estate. My question is this. Can probate be started this late and if I give in to my 93 year old mother's request to move back into the house, how difficult will it be to get my brothers out after my mothers death.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jun 3, 2011, 02:31 PM

    Did you keep receipts when you started your mothers care, and did you file income tax returns relfecting this ?
    You need an attorney to sort all of this out, murriel. Coming on here will not give you answers you need to settle your claim. Sure we have lawyers but it isn't going to do you any good. You need direction and that can only be obtained from an attorney in a case like this.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jun 3, 2011, 04:07 PM
    Quote Originally Posted by murrielevans View Post
    ... Can probate be started this late ...
    Probably. Depends on which state, of course.

    What Tickle said. You need to hire an attorney now.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jun 3, 2011, 05:36 PM

    You made several mistakes. Not probating your father's estate. Possibly not documenting what you paid in support of your mother, etc.

    Now you are going to pay for that because you will have to hire an attorney to protect yourself.

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