If one daughter did everything while the other daughter did nothing at all wasn't around in 20 years. Has no knowledge of anything to do with our affairs, didn't have keys to house wasn't on accounts or anything. I was poa, medical directive, caregiver. My lawyer basically lied to me telling me I wouldnt be approved for administrator without adding her and she put in the papers that we have to both sign on everything banks deny us based on two signatures I terminated her she lied tried to remove me now I can't find a replacement attorney they refuse to do anything other than 50 50 keep saying it's the law. I feel so cheated I know my mom wanted me to have more I even have witnesses she died two days before our appointment With specialist she was giivjng Me the house. There's gotta be a law that protects my rights to an attorney. Can they make you or force you to file their way?
You're not going to get it though. If your mother wanted you to have more than your sibling she would have made sure it was stated in her Will.
As for the lawyer. If she told your mother that there must be a 50/50 split of property and assets with your sibling and you can prove the lawyer advised your mother so (other than your word), you'd have a lawsuit against that lawyer.
You aren't getting more. You deserve more, but aren't going to get it. Your term of care indenture is over. Take your share of the inheritance and do something nice for yourself. Just for you. Go on a vacation. Buy a new car. Get a nice piece of jewelry. You deserve it.
Take the 50 percent inheritance and go live your best life. The caregiving is behind you. Go have some fun.
it was an equal split among my sisters and me, even though one sister did very little . I could care less because my slog is finally over. That’s all that matters.
(2) An attorney who refuses to take a case because the attorney thinks that the potential client cannot win is behaving ethically.
(3) It is not illegal for an attorney to take a case despite thinking that the potential client cannot win, but most attorneys wouldn't do this.
(4) It might be easier for you to find an attorney who will take your case if you acknowledge from the outset that this will be a difficult case to win and if you make clear that you understand that you will be paying the attorney their fee regardless of the outcome. Are you prepared to pay thousands of dollars and have the result be that you still get only 50% of your mom's estate?
(5) If you do attempt to make a claim against the estate for services you provided over the years, you should be prepared to provide evidence of everything that was paid to you over the years. Did you live with your mom? Whose money was used for your expenses?
You go to probate and become a Administrator. You will do exactly what an Executor does. You will be given a short certificate and a list of things that need to be done. I applied for tax exemptions but you can hire a lawyer. Moms debts can paid from her estate. Once you do what is needed, the State will determine who gets what. If there is no spouse, you and sister are the only two children, the estate will be split 50/50. For you to get more, Sister would have to give up her share.
In the meantime, according to ChatGPT:
"Unfortunately, if your mother died without a will or trust, state law determines how her estate is divided. If the law says her two children inherit equally, a judge generally can't change that simply because one child did far more for the parent than the other. Being your mother's POA, medical decision-maker and caregiver doesn't automatically entitle you to a larger inheritance either.
However, that doesn't necessarily mean you have no options. Instead of looking for a lawyer willing to fight the 50/50 inheritance law, I would look specifically for a probate or estate-litigation attorney and ask whether you have a separate claim against the estate for years of caregiving, expenses you paid for your mother, or other services you provided. That's a different question from who inherits what percentage of the estate.
As for the house, witnesses who heard your mother say she intended to give it to you may be relevant, but intending to give someone a house isn't necessarily the same as legally transferring ownership. An attorney would need to look at exactly what your mother said or signed and what was supposed to happen at the appointment she died before attending.
I would also have another probate attorney review what happened when you and your sister were appointed co-administrators. Whether your first attorney was correct that your sister had to be included depends on the law in your state."
Is it possible that your sister would voluntarily let you have the house, or in some other way compensate you for the caregiving? In that case you and your sister could go to a lawyer together and make the arrangements. But if your sister insists on the amount she's entitled to under the law, then you're probably stuck with that.