I'm sole caregiver for my mom, my sister and brother live out of state and don't see her or help in any way. I depend on my benefits from my fathers estate, of which my sister is executrix. However, For reasons my sister hasn't satisfactorily explained, That money is much less than My father said it would be and It has stopped coming about 9 months ago. I need good legal advice but can't afford it and don't know where to go. Help?
Based on the new information you provided I urge you to contact your county Dept of Aging to determine if your mom qualifies for Medicaid or other benefits. By using your personal funds to care for her you may actually be disqualifying her for Federal and State benefits to which she is entitled. Here again, I am assuming she is a US Citizen which may not be the case but your assertion that you cannot afford to take care of her without the funds from your father's estate indicates that she would qualify for State and Federal assistance. Also, it sounds like you are, by default, the Head of Household. This means that she qualifies as YOUR dependent for tax purposes. That alone could refresh your current financial situation related to both your earnings and the payments you have received from your father's estate going back the years you started caring for your mother. GET THEE TO A TAX ATTORNEY PRONTO!
I do not recieve anything for her care from anyone, other than my own satisfaction, and I don't mind paying for her care out of my pocket, but without recieving my funds from my father's estate, I cannot afford to do so anymore.
Thanks, again, Ted.
Hap!
You do not say if your mom is mentally incompetent to legally intervene in this situation or if she was divorced from your father before his death or if there was a prenuptial agreement between them before they married. Unless one of these conditions is present it is highly unlikely that your sister could withhold funds that legally belonged to your mom. An executor of an estate has a legal responsibility to distribute the estate funds according to the deceased person's Will. Normally, the Estate passes to the living spouse. Upon his/her death, an Executor is commissioned by the State to oversee probate and to distribute the remaining funds (if any) to the recipients named in the Will of the last deceased spouse. BTW-if "this petty money stuff" is the only connection you have to your mom, it is pathetic for her too.
I'm sure I'm not the only dealing with the many frustrations involved with eldercare, but I'm beginning to fear that this petty money stuff might be the the one that brings an end to my efforts. Pathetic, isn't it?
Ted.
Carol