Frivolous Elder Abuse Law Suit
I took two years off work to take care of my wonderful, sweet, beautiful Mom. My fiance' helped me daily. We did all the housework, yard work, grocery shopping, laundry, took her to her doctors appointments and took notes on everything we could to understand what was good for her and what was not in order to keep her at home, which we were successful at, and we thank God for that.
Mom passed away in March of 2015. My fiancé and I were devastated as was most of our family. My brother however went to Mom's house less than 48 hours later and brought in strangers, trucks, vehicles and cleaned out 90% of her belongings. Mom left a Will and a Trust. She left me as the Trustee, which I did not know and did not quite understand my role in those early days.
In the following months, my brother sued me for elder abuse and financial fraud. A year later, we went to trial and he and his attorney never subpoenaed one record when they had the burden of proof. I spent thousands of dollars recreating Mom's financial history for more than 10 years.
I never wrote one check on her account, even though I was power of attorney for Mom for over 20 years. My brother and one of my sisters stated I took out a Equity Line of Credit for $125,000 shortly before Mom passed away.I did not.But they did not even subpoena those records. I did obtained them.
It turns out, Mom was writing checks to my brother for thousands and thousands of dollars over the her life. Mom did take out an Equity Line of Credit for $125,000, over 11 years prior to her death. Mom signed the Deed of Trust. Mom signed the note.
I never signed anything but these are the issues my brother sued me for as elder abuse and financial fraud. It turns out there were two disbursements on Mom's equity line. A portion was for a down payment to help me purchase a home which she did for nearly all her children. I was no different.
One sibling, she helped her financially with her business, lawsuits/attorney fees, etc. The second distribution was over $40K. But my brother justified that at trial saying she probably used that for repairs. Really?
He and my sister never showed any interest in trying to find out where the money went which tells me it went to him since he was trying to justify it. Needless to say, my brother settled out of court because he knew if I got up and testified, it was all over for him.
Still, 20 months later he has me in the
court system because he wants her home all to himself and doesn't want me having anything. He stole the contents and now he has kept us in the system so long that once I am able to pay Mom's medical bills and credit card debt, there will be nothing left for us kids. I'm O.K. with that.
I just want Mom's debt paid because that is all she asked of me. We still have not had our service for Mom because all the money has gone to pay her monthly bills and pay the attorneys. Even with all the things he stole from the estate, this guy is so greedy, he is still fighting to get Mom's house when there is barely any equity left, he's suing for her car, for end tables, he even wanted a red tool box and he wants her ashes, which my fiancé and I paid for but has never offered to pay for them.
He has a 1/2 interest in Mom's house, but as the Trustee I am the legal owner. He is still responsible for 1/2 the debt and he has not paid one penny to help pay the bills on Mom's house. Not even one utility bill, that is how selfish he is.
It also came out in court from Mom's neighbors that he had been verbally abusing her up until two weeks before her death, but I was the elder abuser? Nobody in my family ever had a problem with me taking care of Mom the years before her death, but once she was gone, all of sudden my fiancé and I are elder abusers and thief's.
I don't know how the courts allow this type of behavior. But at this point, I will never give up on paying my Mom's debt. It will happen eventually and Mr. Selfish and Greed will never be a part of our family again.
Our whole family has said they will never have anything to do with him again except for one sister who believes all his lies, even when it was proven in court.
She must be getting something out of it, because the proof was presented to her in court at trial and she still thinks what he did to Mom's house is O.K. and that he was entitled to trash her home.
It was a huge mess when we got to her house and saw what he did. It was heartbreaking.
My Mom has a Will and Trust in place that she paid good money for. But these greedy siblings and even the courts have forgotten that this is about our Mom and her wishes, not what we wanted. WHAT SHE WANTED!!! It's a very sick process.