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Intestate probate law Ohio


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#1 Connie57

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Posted 21 October 2008 - 07:06 AM

My father passed in 1996, leaving behind my mother, her daughter (not my father's), me, (child of both) and a son (not my mother's), without a will.  My father had told me, my half brother and I should be left something, if he passed first, but he had no will.  When he passed neither my half brother nor I were contacted about the estate. My mother just passed in August and my half sister has had her power of attorney for several years. She admittedly has given away many items of value, was trying to sell the remaining property, well under appraisal and took out a loan on the property, for 100k, while she had that power. 

I was told my brother and I have no rights to my father's share of the estate at this time. Now my half sister's fiance is harassing me on the phone, saying anything that is left will be divided equally between my sister and myself and that is that. 

I talked to an attorney that wanted 10k up front to take my case and was told my brother would have to come up with his own money, if he wanted to get anything, at this point.  Neither of us, have this kind of money to risk.  But I know my sister hated my dad and I know if the law said my half brother and I should have received our fair shares at his passing and we did not, she had a hand in that. I can not stand seeing her profit from her wrong doing.  Is there any hope for my half brother and me?


#2 Fallen

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Posted 21 October 2008 - 07:16 AM

You don't say what you've been doing about dad's estate for 12 years, but basically I'd say it's far too late as to your father's estate ... even assuming your father owned much of anything in his own name vs. jointly with your mom that wouldn't pass by operation of title directly to her.  You can't prove, for instance, that this or that knick-knack wasn't something that was joint property or that he didn't give your mom.

 

"My mother just passed in August and my half sister has had her power of attorney for several years."

A POA dies with the maker.  You're free to talk with an estate-probate attorney about holding her accountable for actions while she had the POA that may have been simply to benefit her vs. for mother's care/interest, but that's something you should have addressed while mom was alive if you knew sister was self-dealing with mom's POA.

You also don't bother to mention whether your mom had a will and, if so, what it said.


"I was told my brother and I have no rights to my father's share of the estate at this time."

Not sure what you mean here.  Your father doesn't have a share of your mother's estate; dad is gone.

 

"I talked to an attorney that wanted 10k up front to take my case and was told my brother would have to come up with his own money, if he wanted to get anything, at this point."

Your half-brother vis-a-vis his father's estate should have addressed that back in 1996 (again, to the extent we assume your father owned anything in his own name vs. jointly with mother).  Your half-brother has no interest in your mom's estate unless she left a will saying as much.

 

"But I know my sister hated my dad and I know if the law said my half brother and I should have received our fair shares at his passing and we did not, she had a hand in that."

Again, almost certainly too late to do anything about that 12 years later.

 

If you cannot afford an attorney, then I'm not sure what to tell you here except to keep on top of the administration of mother's estate and spend a lot of time in a local law library. 

In the end, again, you didn't bother to mention whether your mom had a will and, if so, what it said (and, if not, whether your sister has filed intestacy/died without will paperwork in the relevant probate court and been appointed administrator).

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#3 Connie57

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Posted 21 October 2008 - 07:31 AM

My mother did not have a will either.  I did not know my half sister had POA, until my mother passed and I have no idea what my father had in his name alone at his time of passing. He had many savings bonds, I assume that were in his name alone, taken from his paycheck every month.  He had two life insurance policies,  a little GM stock, a 20 acre farm and three certificate of deposits at that time. I do not know the amounts of each or whose name they were in.  


#4 Connie57

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Posted 21 October 2008 - 07:46 AM

My half sister and I had a meeting with the attorney for the estate and we were told, by that attorney, neither of us can serve as administrator of the estate, because neither of us live in the state of Ohio. Some things I have read online say otherwise, though.  I do not want my sister to be administrator, she is a bull in a china shop kind of person and has already told me she was trying to avoid this, by making sure there was nothing left for either of us. Some of the things she just gave away, included antique farm equipment of my dad's. The house was virtually emptied, at the time of my mother's passing and she had been in an assisted living home, for three years.


#5 Connie57

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Posted 21 October 2008 - 09:08 AM

Would it be advisable for me to contact the attorney that handled my dad's estate? I am pretty sure the lowest CD was 60K. I am sure some of the Savings Bonds had been cashed out, at maturity, but I doubt all of them had been cashed out at his passing. Also, I mean the house had already been pretty much emptied, before my mother passed, by my sister.  Also, I guess other than I am trying to see that my father's spoken wishes are carried out, albeit too late it seems, is that my mom at the time, kept telling me she was going to lose the farm. When I asked her why, she refused to answer, then one day she just stopped saying it. I know that should have raised a red flag, but I had multiple health problems at the time and just was not up to investigating.  I still have many health problems, but was compelled to see if my brother still had any rights to anything, Dad never paid any child support and was not active in raising my brother,  as he lived with his mother in another state, so I really felt he deserved something.  That is when I found the probate law, that he and I both should have received a share, at my dad's passing.


#6 Fallen

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Posted 21 October 2008 - 09:20 AM

You're free to ask this or another attorney to put, in writing, the statute that says you cannot serve as administrator because you don't live in Ohio (I can imagine the state wanting you to have an estate attorney on board and getting a performance bond, but that doesn't mean state law bars you from being administrator). 

First person to the courthouse with the intestacy/died without will paperwork and request for appointment tends to win here, so if sister hasn't filed to open probate, you may ... even if ultimately the court appoints some third-independent party to act as administrator.

You're also free to petition the court to address the issue of dad's estate under a separate probate case, though that would be very time-consuming and perhaps go nowhere (you'd have to have some idea of what he owned in his own name that didn't pass to mom outside of the probate process automatically, e.g., jointly held real estate, bank accounts, etc.). 


"He had many savings bonds, I assume that were in his name alone, taken from his paycheck every month."

You might want to check the probate court record to see whether your mother ever opened a probate case and was appointed administrator.  Otherwise, she'd presumably have had to forge his name to stuff to cash this out.


 


"He had two life insurance policies...."

Unless he by some chance named his estate as beneficiary or left beneficiary designation blank, the proceeds would pass outside the probate estate to the named beneficiary(ies).

You're free to check land records on the farm property to see how it was held.



"My half sister and I had a meeting with the attorney for the estate and we were told, by that attorney, neither of us can serve as administrator of the estate...."

I'm sorry, but if mom didn't have a will, how did it happen that there is an "attorney for the estate"?   Did some creditor file paperwork to open a probate case?


"I do not want my sister to be administrator, she is a bull in a china shop kind of person and has already told me she was trying to avoid this, by making sure there was nothing left for either of us."

Interesting, and you might want to check your and her state's tape-recording laws (if you live in different states) to see whether you can record a conversation in which you ask a leading question, e.g., "Jan, you said that you were trying to avoid probate by getting rid of stuff before mom died, but do you realize that even with a POA you aren't in a position to sell her stuff without using proceeds for her or putting money in her account, and you weren't entitled to give her stuff away just because you had a POA?  Did mom ask you to give away this stuff and how did you document that to avoid the appearance that you were selling her stuff and pocketing the money?"

Given your mom was entitled to at least a third of your father's estate plus the first $60,000 if he had more than one kid (and he did).  That arguably would include most of his stuff if not all his personal property (farm equipment).



 


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#7 Connie57

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Posted 21 October 2008 - 09:49 AM

I checked and from the rules, I think it is ok to post outside links here. I found an interesting article at this site http://youngstownlaw.blogspot.com/2008/02/how-to-pass-real-estate-outside-of.html ; I am sure the deed to the property was drawn up in the 60's, so according to this article,  my dad's share of the property should not have passed directly to my mother.  I should add, my father was a highly intelligent man, since he felt things were taken care of,  in a way that by law, my brother and I should have received shares at his passing, I have to believe he had done his homework.  He also told me not to trust anyone, when he passed, again, perhaps too late, with this.

The first time I spoke with my sister about the matter, when she told me about giving away everything that had been in the huge old barn and on the property, belonging to my dad, she said I could have whatever was left after the loan was paid off, of the estate, at that time.  Though now she is refusing to even speak with me and as I said in the first post, her fiance called me, this past weekend, saying he did not care about me and that everything was going to be split in half, between my sister and myself. He demanded I give him the ORC, for the division law and laughed at me, when I asked him what an ORC was. He told me I could not take what I read in some blog, as the law. He is a bullying idiot.  He had me shaking and would not allow me to speak, so I hung up on him and emailed him the ORC number, when I found it.  His response to the ORC,  was that everything was jointly owned by my mother and father, at the time of my father's passing and it automatically passed to my mother.  He said the attorney for my dad's estate did know about my brother and myself and the law I gave him was for 2008 and not 1996, so if I continued to investigate, I would find out he was right. I asked him not to email or call me again.

I am considering borrowing or trying to,  the 10k to hire an attorney, but I can not afford to be left  oweing this money and have nothing to show for it.  Is there any chance of finding an attorney in Ohio that would take the case on contingency?  I own a small propery in Inverness, Florida and half of a larger property in Boone, NC, so I am not indigent, just not liquid.


#8 Connie57

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Posted 21 October 2008 - 10:23 AM

I'm
sorry, but if mom didn't have a will, how did it happen that there is
an "attorney for the estate"?   Did some creditor file paperwork to
open a probate case?

I don't have any idea, but the attorney is extremely familiar with my sister's fiance and has worked with him, on a trust set up in his name, through his deceased girl friends probate for her nieces and nephews. From this I would have to think that my sister picked him to be the attorney of my mom's estate. The whole thing seems fishy to me and the attorney did advise me to get an attorney and have them contact him, when I told him I did not think the law had been followed concerning my dad's estate. And I would guess she has already filed, she probably did that before the services were held.

I can not even get into the home, my sister has all the keys and such and will not cooperate with me at all, about anything or even talk with me on the phone.

My sister also says her name is on the loan as co borrower, though in public records, her name is not shown anywhere on the loan document.  I have the feeling, she signed as POA, and thinks she is a co borrower. I know she is not the sharpest knife in the drawer and it seems neither is her fiance. 


#9 Fallen

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Posted 21 October 2008 - 10:24 AM

That site link doesn't result in any article.  It is true that you should rely not on someone's blog (or my comments) as a proper legal analysis of your situation.  I'd make sure to check the deed, get a copy, and feel free to have a local real estate attorney advise you on what's what.  If they held as joint tenants or as husband and wife/tenants by the entirety, mom became sole owner when dad died and you don't have to address dad's estate in this regard as to your interest in the property.  In the end, you would still inherit your share of your mom's estate though your father's other child would be left out in this regard. 

You don't say what's up with this farm property, but someone should at least be renting it out.  If you get appointed administrator of the estate and someone else is using the property, you're free to seek market rent to the estate.

It's probably worthwhile, if you know that your sister got this loan on the property while your mom was alive and didn't use that for mom's care but for herself that you could seek that she repay the estate for those monies at a minimum (or have that money come out of her share of the sales proceeds plus, if her share didn't cover it, owe the estate $$$$). 


If mom never addressed father's probate estate, again, it wasn't up to sister to get rid of dad's stuff unless she had been appointed administrator of his estate.  Unless you can establish that this stuff was worth a lot of money or establish $$$ that sister sold it for, it might be better to let this go.


"... I am sure the deed to the property was drawn up in the 60's, so according to this article,  my dad's share of the property should not have passed directly to my mother."

Again, depends on how title was held. 


Not sure what you mean by "since he felt things were taken care of,  in a way that by law..." and it seems you may be attributing him having certain knowledge after the fact. 

"Is there any chance of finding an attorney in Ohio that would take the case on contingency?"

I wouldn't hold your breath, no -- not as to something highly iffy like this.  (Again, you guys should have addressed this back when your dad died vs. 12 years later.)


http://codes.ohio.gov/orc/5302


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#10 Fallen

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Posted 21 October 2008 - 11:01 AM

It might be best if you and the half-brother (who isn't mom's child) pool resources when it comes to having whatever docs in the land records analyzed in terms of the tenants in common theory if the deed doesn't mention tenants by the entirety or doesn't explicitly refers to survivorship rights (they evidently didn't have to make another new, survivorship deed when the law changed if the existing deed covered them as tenants by the entirety).

Getting copies of any docs on record as to this property from the original 1960-era doc (when I gather they bought the property) forward shouldn't cost much and you don't need an attorney to do that.  Then, if it's not clear how title was held, you send-fax a copy of the relevant docs to an Ohio real estate attorney and ask him-her to tell you in writing whether there was a tenancy in common here or not.  Then you can proceed as it relates to the property, figuring out whether you need to probate your dad's estate or whether your half-brother is out of luck and you need only worry about mom's estate.

If you file intestacy paperwork and have to have a third-party resident of the state be administrator (again, I'd want something in writing about the law requiring this, not just some attorney's say-so), then the *estate* assets can cover any investigation or issue before the court with regard to any wrongdoing by the sister while she had a POA before your mom's death, esp. as it relates to this loan.  The administrator of the estate would be in a position to investigate and hold her accountable.  I'm actually kinda surprised that she didn't bother running to open probate on her own vs. allowing for the possibility that you will do this and be in the driver's seat. 

You don't have to necessarily cough up $10k to an estate attorney if you want to be the one to go for opening of probate and administration; most estate attorneys understand that they won't get much money until the estate is closed and the major assets sold, assuming no liquid assets available to pay a retainer.  (You don't say what kind of cash mom had when she died or what was up with any of that.)


 


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#11 Connie57

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Posted 21 October 2008 - 11:44 AM

I have already checked the deed on file and  a new one has been filed, in my mother's name only, my dad's name is no where on the deed and it is dated 1996.  So does that mean, I was correct that my brother and I should have received  our shares of his half of the farm and anything in his name alone, when he passed? 

 My mother apparently had no cash  to speak of, at the time of her passing. My sister was careful not to say out loud the amount, at our meeting with the attorney, but rather showed him, where I could not see.   

I will try contacting other attorneys in that area and see if I can find one that will wait to get the money.  The last time I talked with my brother he was in terrible financial straights, so I doubt he would be able to help with any money at all.  He gave his business and home to his wife, when she left him for another man. Not smart I know, but he is also highly intelligent, just not when it comes to matters of the heart.                    


#12 Connie57

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Posted 21 October 2008 - 11:54 AM

Oh, the thing about the blog, I did not read it or tell him or my sister, I read it in a blog, it was just part of his bullying tactics to make me feel stupid or maybe it was his wishful thinking. I read it at a law website concerning probate dispersal, when a person dies without leaving a will.  He also told me, he was planning at one time to buy the property, I have been told appraised for 160 to 180K for 135K, at one time, then turn around and sell it, so my mother could stay at the assisted living home. The thing is, I have no idea just how much money was involved or what was left when my sister took POA.  But I got to thinking and my mom was at the assisted living place, longer than three years. 

I apologize about the link, but it says in the state of Ohio, unless a deed states Tenancy by the Entireties, property does not automatically transfer to the surviving spouse,  the deceased's half becomes part of his/her estate. It also says most likely if the deed is over ten years old, this wording was not part of the deed.


#13 Connie57

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Posted 21 October 2008 - 12:24 PM

You don't say what's up with this farm property, but someone should at
least be renting it out.  If you get appointed administrator of the
estate and someone else is using the property, you're free to seek
market rent to the estate.

The house should have been rented the entire time, my mom was at the assisted living home, but my sister did not want to clean the place and even though I would have been happy to do so, I was never told it was needed. My youngest daughter and I stayed in the home, for four days, while there for my moms services and slept on the floor.  The walls had just been painted, but the carpets were a mess and had not been cleaned.  There were some spots of heavy organic material, I will not elaborate about on the carpet, but the house could not be rented until the carpets are cleaned.  She has had all these years, to clean that place up and it seems to me, if she truly had interest in my mom staying in the assisted living home for as long as possible, she would have used some of the money either  that my mom had or from the loan to have the carpets cleaned and rented it out, to add to my mom's income.  Also, several years back, my mom told me she had seen a doctor about a knee replacement and the doctor told her she was an excellent candidate.  My mom told me, she was told if it was successful, she should be able to return home.  The next time I spoke with her, Mom told me,  my sister had questioned that the surgery may be considered elective and her GM insurance may not cover it, so Mom abandoned the idea and nothing I could say would change her mind. I say this only to show, that I do not believe my sister wanted Mom to go back home, for whatever reason and that she did not truly have our mom's best interests at heart. My mother's knee was sideways and the surgery would never have been considered elective. I used to work in the health care industry and I know this to be true.  It was just my sister bullying my mother, by scaring her.

 I wanted to go back up and take my carpet cleaner and work on selling or renting the home, but my sister would not agree. I tried to find out from the attorney handling the state what my rights were, but he just told me to either get an attorney or talk to my sister.  I was successful in selling two homes in Vegas, sold by owner, I have experience in this matter, but she wants to run the show. I know I will get something either way, but it is principal and if, since I can not be sure, my sister has already stolen from my mother, she should not get away with it and be rewarded with half of what is remaining.


#14 Connie57

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Posted 21 October 2008 - 01:02 PM

...while my brother gets nothing. It just isn't right. I know it is not morally right, I have no question of that.


#15 Connie57

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Posted 21 October 2008 - 07:44 PM

To clarify, the site I posted that came from a blog, was ironic, I just found that site yesterday, after he said that to me.  I know law is open for interpretation.


#16 Connie57

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Posted 21 October 2008 - 08:04 PM

It might be best if you and the half-brother (who isn't mom's child) pool resources when it comes to having whatever docs in the land records analyzed in terms of the tenants in common theory if the deed doesn't mention tenants by the entirety or doesn't explicitly refers to survivorship rights (they evidently didn't have to make another new, survivorship deed when the law changed if the existing deed covered them as tenants by the entirety).

I want to be clear, does the fact that a new deed was made showing only my mom on the deed,  showing the year of my dad's passing,  mean that the original deed most likely did not cover them as tenants by the entirety?

You don't have to necessarily cough up $10k to an estate attorney if
you want to be the one to go for opening of probate and administration;
most estate attorneys understand that they won't get much money until
the estate is closed and the major assets sold, assuming no liquid
assets available to pay a retainer.  (You don't say what kind of cash
mom had when she died or what was up with any of that.)


Are you speaking of only my mom's probate or would the same apply to opening or reopening my dad's probate?








#17 Fallen

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Posted 22 October 2008 - 04:09 AM

Uhm, Connie, it seems like you were a posting fiend last night (you even slipped one in before my last response and I overlooked it).  Take a breath before you start in today and carefully consider whether you’ve said all you need.  :)


Also, when posting someone else’s statement(s), please put it inside quotation marks so that I don’t start reading something only to realize they’re my own words from a prior post.    :)

As for the estate attorney appearance:  “I don't have any idea….”

Well, damn, howsabout checking with the local probate court to see if the sister opened a probate case and was appointed administrator?  You should have received formal notice of this.  :)  Given your lack of info here, it may be that you’re simply assuming he is the “estate attorney” without bothering to question it – despite more than ample reason to do so.

“From this I would have to think that my sister picked him to be the attorney of my mom's estate.”

Again, it seems you’re being far, far too passive here and reactive vs. proactive.  If you have reason to believe your sister may have filed to administer your mother’s estate, you need to contact the probate court in the county-city where your mom was a legal resident when she died.  You’re the one who earlier said that you were told by this person that neither you nor sister could be administrator of the estate because you didn’t live there.  But it sounds like you never bothered to check into the court records to see what was what.


“And I would guess she has already filed, she probably did that before the services were held.”

Uhm, “would guess”?  You didn’t bother to check?  You didn’t receive any formal notice of probate having been opened and who was appointed administrator?  Connie, I’m almost ready to give up on you here.


“I have already checked the deed on file and  a new one has been filed, in my mother's name only, my dad's name is no where on the deed and it is dated 1996.”

Connie, you need to contact the land records office and get copies of ALL the relevant deeds on this property, not just the most recent one.  Okay??  And I cannot see this deed from here, so I obviously can’t know what it says/what it is, whether it’s a survivorship affidavit/deed or what.


“So does that mean, I was correct that my brother and I should have received  our shares of his half of the farm and anything in his name alone, when he passed?”

No.

I really don’t need a response on everything I say to you (about the brother and his troubles, for instance). 

“Oh, the thing about the blog, I did not read it or tell him or my sister, I read it in a blog, it was just part of his bullying tactics to make me feel stupid or maybe it was his wishful thinking. I read it at a law website concerning probate dispersal, when a person dies without leaving a will. ….”

And this whole paragraph (that goes on for quite a long time about mom in assisted living, brother’s plans, etc.) is also not necessary.


“… unless a deed states Tenancy by the Entireties, property does not automatically transfer to the surviving spouse,  the deceased's half becomes part of his/her estate. It also says most likely if the deed is over ten years old, this wording was not part of the deed.”

But you still haven’t clearly established – at least not to me – what the deed said when your parents bought this property.

“My youngest daughter and I stayed in the home, for four days, while there for my moms services and slept on the floor.  The walls had just been painted, but the carpets were a mess and had not been cleaned. ….”

Again, this stuff and much of what follows isn’t stuff I need to know.  Take pity, please.  :)

“My mom told me, she was told if it was successful, she should be able to return home. … so Mom abandoned the idea and nothing I could say would change her mind.”

Also sounds like your mom was entirely too passive.  Unless she was mentally incompetent, it wasn’t up to you to make her change her mind.  Just because your sister had a POA doesn’t mean that she controlled your mother’s decisions or what would happen.  If your mother had been mentally incompetent and had before that mental incompetency given your sister a durable power of attorney AND a healthcare directive/living will, then your sister could make decisions about her person/health care.  Otherwise, I don’t get why your mother would just sit back and not do anything as to her own care/life.


 


I hope it goes without saying that you don’t need to respond to any of this (please).


 


“It was just my sister bullying my mother, by scaring her.”

And you should have intervened if necessary if your sister was truly bullying her … if nothing else, asked your mom for a power of attorney to contact her doctors, the insurance company, etc.


...[Message truncated]

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#18 Connie57

Connie57

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Posted 22 October 2008 - 07:16 AM

My sincere apologies, please do not give up on me.

 I have requested copies of  all relevant deeds, since the original does not seem to be available online for years prior to 1999, so they should be on their way to me soon.

I have received a Waiver of Rights to Administer and the applicant is an attorney. I have not signed it, even though I have been pressured to do so. I have argued that I want  family member to administer. 

No records for my mother's name come up in probate search.  Do I need to apply to administer in person?

My mom was considered competent. It is all family dynamics, I will not go in to. Thank you.





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