for 2 1/2 years. she tried to take my brother off of trust and poa. she said i don't want mike and jodi to have that. she was 92. the admin. of n/h refused to let her cross line on forms and said legal aid coming tomorrow. the whole town knew of the explotation and there are 3 abuse reports. i was treated like a criminal and she was very neglected. no teeth, no hearing aid, she needed a recliner in her room to keep her legs elavated and i even asked if i could pay for it. i went through ombudsman, legal aid and then got a lawyer. nobody ever brought up the abuse and the 250k brother took. judge did not even look at my papers. judge let brother walk out of court, letting him to spend the remainder of her money. judge ordered in court papers to allow me copies of mom,s medical reports. n/h refuses to send them to me. now they {court} tell me come back and file civil suit. i cannot afford another lawyer...mine was useless. now i have been informed brothers housearound. he has trust and will not open the will. i had one in my name but brother destroyed it. was repo.d for non payment,but i have papers to show it was paid in full...with mom's money. any suggestions on how to sue a county in tn. i live in texas. also brother and wife are still walking there . isn't it a crime to sequester,abuse phyiscally, and steal her money? what recourse do i have, i served my brother to bring records of mom's finanical papers...he came empty handed. he doesn't keep records. also summons the n/h director and judge did not even question him. brother took mom to n/h half dead with fist sized bed sores and n/h never called police or hospital. the whole town is crooked. does my brother go free? mom died in feb,2012 brother did not even tell me where she was layed out or where she is buried. she was my mom too. also i have a sister and mom has grandkids and great grandsons. why won't anyone tell me what is going on??? thanks for reading this and god bless you. peggy
You - through the attorney- can also present your claim against the estate in probate court. The hearing dates for her probate is required to be published in the local newspaper. Again, you can do on-line to scan the legal notices to see when her probate hearings are going to be done and to whom to send your claim.
Now if after all this you can't find anything, use the information you got from the legal notices to come up with a list of the possible and likely attorneys who are doing her probate. In small towns or smaller counties there usually is just a few attorneys who do probate. The same attorney names come up again and again. Send each of them a short letter of inquiry with your mothers information (DOB, DOD, SS# and her last couple of addresses and your brothers address) as to whether they are the attorney for the estate and that you are a linear heir to the estate and as such expect to be notified of all and any hearings. If you have fax #'s of the offices, then fax the letters too. If this is a bigger city or county with big cities, like Bexar or Harris, there are just too many attorneys to do this. But in a small city or county, you can get this done easily. Good luck.
I can't get a handle on what is the basis of the problems between you and your brother, but I'm sure there is much more going on....find yourself an advocate that you can trust to represent your interests. and even if the brother spent the money, if your lawyer can prove wrong doing along the way, you might eventually see some of it. Where does the sister fall in all of this? Also excluded? I can't help having the sense that there was some kind of relationship between the brother and the administrator of the nursing home....partners to obtain your mother's $$, perhaps? Stranger things have happened and your *are* in Texas, after all...
i have a similar situation- brother had my name taken off of med poa
he is now poa = of everything-i have yet to see the changed document-
he emptied out her house of 55yrs, never told me till it was alll done and refused to give me any info-finances,will,copy of poa,etc.
it is unbelievable what family will do to eachother-
mom is still alive-but he moved her 4 hours away from home ,put her in a nursing home and i am not authorized toget any info-
so i dont reallyhave any advise- im still search!!!but i have an idea of how u feel,
and just want u to know, u r not alone-
i am here-
hugs-strenght,dont allow the stress to cause u damage(ha,easier said than done, i know),
it is so hard to let go of things that touch our heart,reach down into our bones,hurt and anger us, and we cannot do anything but run in circles-
not to say u may not find a way to resolve this--i hope u do-
in the mean time, i know it is hard, but take some deep breaths,and find something that makes u smile.
although i dont know u, i feel like i do,
so sending love too,
k