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Jennifer Joann

Probate and Estate - Deemed incompetent by fiduciary

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My mother has been taking care of a friend of hers that she has known for 20+ years. She is a caretaker regularly. He is a pretty wealthy man. He has over $500k in the bank, a couple paid off vehicles, and the house. About 10 months ago My mom was asked to move in as an in home caretaker and in return (besides the wages paid weekly) he was leaving her the house, and cars. A couple weeks ago, his fiduciary came to the house and started tagging all his property, told my mom she has to move out, and that he had a stroke and is now incompetent. My mother quit her regular job, completely packed and moved out of her home, and was in the process of closing on the sale of it when she was told she had to pack everything again and move out. She has lost so much do to all tranSition and the fiduciary is absolutely impossible. Her friend is now stuck in a home, doesn’t want to be there and voices it constantly. His wishes were to die in his home. He has plenty of money to have a nurse or doctor there and his wishes were for my mother to take care of him and the house until he passes. I am needing someone to slow down/stop this process of selling everything.  According to the fiduciary- his wishes were to give all the proceeds from everything to charity. Those aren’t his wishes and he has no one. Everyone in his family is dead, my mother is all he has. They are taking everything from him and this isn’t what he wanted. We need to pause the selling process for the estate and have him re-evaluated regarding his competence. 

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What state is this in?

 

Is there a signed agreement or contract between your mother and the man about her wages?

 

Instead of just accepting the man's promise to "leave her the house and the cars", your mother should have confirmed this by asking to see the will (if in fact one was ever made).

 

Does your mother have any idea of where the will is, who the attorney was who may have helped him draft it, the names of anyone who may have been asked to be witnesses to the will?

 

Unfortunately, you have no legal standing to do anything now--the fiduciary holds all of the power.

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14 hours ago, Jennifer Joann said:

A couple weeks ago, his fiduciary came to the house and started tagging all his property

 

What does "his fiduciary" mean?  A fiduciary is a person who, because of the nature of his/her relationship, owes another person certain duties beyond what most people owe each other.  What is the nature of this person's relationship with this man that makes him/her "his fiduciary"?  Also, what does "tagging all his property" mean, and why did this person do that?

 

 

14 hours ago, Jennifer Joann said:

I am needing someone to slow down/stop this process of selling everything.

 

I don't understand this statement.  As you've described it, this has absolutely nothing to do with you, so why do you think you are "needing" this?

 

 

15 hours ago, Jennifer Joann said:

They are taking everything from him

 

Who are "they"?

 

 

15 hours ago, Jennifer Joann said:

We need to pause the selling process for the estate and have him re-evaluated regarding his competence.

 

Nothing in your post indicates that either you or your mother has standing to do anything.  Obviously, we know nothing about why the things that are happening are happening and, for all we know, the person you described as "his fiduciary" obtained a court order for all of this.  You or your mother is free to contact whatever local agency investigates suspected elder abuse to see if someone is interested in looking into this.

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