I was the caregiver/POA/Executor for my parents,designated by my parents, before my parents were ever ill. I was the only daughter and also an RN. When I moved away from home, my parents followed 6 months later.
My father died from complications associated with Pulmonary Fibrosis, in January 2011. My mother died March 2012 when the Flu struck her hard, having multiple co morbidities. She had no fight in her and wanted to be with the love of her her life for 55 years. I was able to keep dad at home, and he died in his home. Mom had to go to skilled care for strengthening, being there 3 1/2 months, died in the hospital.I had quit my job as an RN in the ER to care for them and we were best friends! I had a family as well, and they also helped with cares many times. The brothers didn't help at all.
I had followed all dad and mom's requests as far as healthcare, finances, etc. Dad set up 3 CD's for me for the years I cared for them.(nothing close to what I would have made in the ER) They also left me their car since I was the one that hauled them everywhere for years. Their home and IRA was split 4 ways.
The brothers are dissatisfied with how mom and dad left things, claiming I abused my POA and stole from my parents by way of the CD's ,car,belongings, etc. Their claims and accusations are unbelievable. They have harassed me to the point I had to dissociate myself from them and block all contact per advice from the Sheriff. They are on their third lawyer, and I gave up the Executor position to the oldest brother. They have bullied everyone that has been involved and didn't pay any of them. The judge told their lawyer that this is a frivolous law suit, but they could go ahead if they want.
I had a Deposition with this third lawyer this week. They had an audit done and I answered all questions with documentation to back it up. Their lawyer told my lawyer that I "blew the m out of the water".
There is much more to the story, but I just need advice as to how this will end up and if it ever will end. There is no estate, just a few taxes to pay, which they wouldn't pay in 2012, so now their is tax plus interest. This has been more stressful than being a caregiver for my parents. The family has been torn apart. I have one brother that supports me, the other 3 are on the attack.
I am tired of paying a lawyer to defend me when I have done nothing wrong.
Realistically, you sound like a nice person that would never do that...but I hope I made you laugh for a second....! Hang in there and remember that no good deed goes unpunished!
At the end of Bleak House, several people are dead or mad, the entire estate has gone in costs, and the lawyers in Chancery are laughing their heads off. The moral of the story is: don't go to Law.
But I like the sound of your lawyer. I like lawyers who don't get excited and create (expensive) work for themselves.
Remember. It's not up to you that you did nothing wrong. It's up to them to prove that you did.
No good deed goes unpunished.
I don't know why the judge did not completely toss it out of court.
What is that... with or without prejudice? It it gets tossed out one way, the bas**rds can't refile or something. At least I think that is how it works.
HAHAHAHAHAHAHAAAAAAAAHAHAHAAAAA
good riddance to bad rubbish.
The lawyers they have dealt with don't want to deal with them anymore. One went to the court and asked to be removed. The brothers never paid but unfortunately the lawyers would rather take a loss of pay then to deal with them.
The house was sold after the brothers held out for a year, luckily the buyer waited it out. They first claimed they didn't know it was for sale..the for sale sign was on the house when they showed up with a Budget truck and took everything in the house. Then they said they didn't agree to a realtor,they wanted me to sell it, so they wanted me to pay the realtor fees. They wouldn't pay any bills on the house, I was doing it all, finally after 3 months I told them I paid my 1/4, now it's their turn since they weren't signing off.(And I got a great price!) They finally signed the paperwork a year later-I think it was affecting FASFA for one of their kids going to college.
Such a mess. I am so tired of it. I am a very patient person, but this is getting to me now. I had a hard time mourning my father's death because I had to be strong for my mom. Now I want closure for my mom's death but it's hard to do when they continually attack me. If there is a lawyer out there that wants to step in and help, please do. I'm in a small town, not many choices. I do like my lawyer though, just wish he would get in attack mode.
Slander addresses verbal accusations; libel is written (generally - the definitions are more precise),
Ask the attorney(s) who defended you, if the suits have not yet been dismissed, about the possibility of countersuing. You will have to pay attorney fees, but at least you'll be taking the offensive and putting the brothers on the defensive. Fight back!
As CM raises that issue, ask also about the possibility of getting a TRO to prevent further defamation activities. You may not be able to stop the suit, but you'll be making a stand by countersuing, and if you get a restraining order, you'll at least be able to stop some of the defamatory actions as well as show them you're not going to acquiesce to their harassment.
Depending on how the order is written and specific prohibitions, a TRO could act as a gag order, and could even extend to banks, doctors and others with whom you had contact while caring for your mother.
Also ask the attorneys about including counts for frivolous actions, since a judge said the suit was frivolous. Years ago when I worked in litigation, local court rules were amended to address frivolous actions.
If you do countersue, be sure that your "prayer" (as it was described years ago and may still be), includes a request for monetary compensation for the ill effects you've suffered. Perhaps if they're hit with a countersuit that requests a few hundred thousand dollars for the emotional pain, distress and other effects you've suffered, then they'll reconsider their actions.
If your attorneys are too gracious to handle a countersuit, check with lawyers who have a reputation for being aggressive. You can find litigation lawyers through your local bar association, then check their websites to see what their practice areas are. Sometimes you can get a feel for their attitudes by what they write about their practices and their successes.
You wrote that you blocked contact; do you have a PPO against them? You wrote also that they didn't pay their attorneys, if I understand correctly. Are those attorneys undertaking collection action against the brothers? if the attorneys are successful in getting judgments, that will affect the brothers' credit rating.
You also wrote that the home was split, and that the 2012 taxes are delinquent. Is the home sold, and if not, what's the status of the property taxes on that? As to the delinquent 2012 income taxes, the failure of the successor executor (personal representative)to timely address them is a reflection of his inability to handle financial matters. Raise that in your countersuit.
Good luck.
So, lawyers reading: what kind of injunction is available to this lady to force her brothers to cease and desist from harassing her with their vexatious and manifestly baseless claims? How would you go about putting yourselves out of a job?