She is elderly and she trusted him. She let him take over her finances and now she cannot even live off of her own retirement. He has run up her bills and put himself on a new house mortgage, used her name to borrow ten thousand dollars and lied to her to get her to co sign the loan. Used her to buy a new truck by letting her buy the truck and he put his name on the truck. He has not paid one red cent for anything and she barely had enough to feed herself when I came back home. She wants his name off of everything and I am trying to help her pay off some of this debt. The problem is that she will need long term at home care. I am caring for her here but I will need help and my brother is throwing his weight around telling her he will throw her out since his name is on everything. She can't even sell this expensive house SHE is paying for without his consent. She will need her income to help out with her care. She has been diagnosed with Alzheimer's. I do not know what to do?
2007-09-14 18:14:05 · 16 answers · asked by alan c 3 in Business & Finance ➔ Credit
Talk to a lawyer. You may be able to undo some of the mess if your mother is willing to confirm the elder abuse.
Unfortuantely, it is more likely that your brother will get away with everything he has done. You will be picking up the cost of your mother's care. It stinks but fighting the whole mess thru court will just make the lawyers rich.
2007-09-15 05:26:48 · answer #1 · answered by bdancer222 7 · 1⤊ 0⤋
True. You need to get a lawyer to get proof-positive that your mother has Alzheimer's AND that she had the disease on or about the time the time that she added your brother to the house.
If she has Alzheimer's, then she doesn't have the "scienter" to enter into a legally binding agreement and should she would be held incompetent and the contract(s) would be voided.
Thus, the closing documents would be invalid and the bank would want the house back since the related mortgage is invalid.
Question is: If the bank takes the house back AND you don't owe anything on it, where will your mother live?
2007-09-15 00:15:31 · answer #2 · answered by DaMan 5 · 0⤊ 0⤋
Does he have a signed power of attorney to do all of this? You really need to consult an attorney about this! Your brother could have committed fraud. Also, if your mother has been diagnosed with Alzheimers, anything she signed at the time could be considered not legally binding. You will need to speak to a doctor to find out exactly when she was diagnosed (usually demensia precedes Alzheimers) and find out if she was in the right frame of mind when she gave him this control. Even if she WAS...what he has done is illegal and she can if necessary pursue this.
2007-09-14 18:31:35 · answer #3 · answered by hrgirl1701 4 · 2⤊ 0⤋
Have your mother name YOU as power of attorney, which gives you permission to act on her behalf. File an identity theft/fraud complaint with the police department then immediately start calling her creditors to begin explaining what happened, most of them have internal fraud units as well, so make sure you have all the evidence you can muster, right down to medical evidence of your mother's condition. The creditors will work with you to figure out payment plans or whatever. If it is discovered that fraud indeed took place they will more than likely file a complaint against your brother and possibly relieve your mother of all or most of the debt.
But getting a complaint on file with the police department ASAP should be your first priority, the creditors will ask for this report number, etc. when you open an investigative inquiry through them.
One step at a time. You will all get through this. The police department can help you with what steps to take as well. Try not to overwhelm yourself, your mom needs you to have all your wits about you and get your brother out of her life.
Best of luck to all of you, I wish I could be more help.
2007-09-14 18:31:11 · answer #4 · answered by jpiglet86 4 · 1⤊ 0⤋
If he has used her name and forged her signature she can get an attorney to VOID all of the transactions, but that will most likely having him charged with a crime.
You need to call the local Adult Protective Services agency in your area. You can get their number from social services department.
If it can be proven that she has Alzheimers BEFORE some of these transactions, then she may have legally not had the capacity to contract.
You need to see an attorney.
2007-09-14 18:41:34 · answer #5 · answered by Expert8675309 7 · 2⤊ 0⤋
This is the response of a true idiot with a high answer count
"go to the local recorders office
get a quick claim deed paperwork
fill it out like it was your brother
sign it
send it in
they do not check signatures
now he is off the title "
Not only is it illegal advice it is just as bad as what brother is doing!
2007-09-14 23:15:56 · answer #6 · answered by Anonymous · 1⤊ 0⤋
what he has done is considered elderly abuse, you need to have her make you her trustee, the person in charge of all her legal &/or orther matters. also have her give you a full power of attorney, this way you can sign for her, and this takes him out of the picture. set up a living trust with you as the one in charge. again this cuts him from the picture. have her make a will, in the will have her state" I intentionally leave you nothing" this way it can not be mistake that she left him nothing, and judge will recoginze this.
you need to do this ASAP. have a lawyer look into what he has done so far.
2007-09-14 18:40:22 · answer #7 · answered by Anonymous · 0⤊ 0⤋
OK, first things first, your brother is a real as*hole.
I agree with jpiglet86. You need to have your mother name you as power of attorney. This and a fraud complaint with the police will keep you prepared for other things to come, you will need the case/report number. If (and why not) the fraud is proved, then your brother will be out of her life and out of her house for long.
2007-09-14 23:29:45 · answer #8 · answered by Anonymous · 0⤊ 0⤋
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2007-09-15 00:11:42 · answer #9 · answered by Anonymous · 0⤊ 2⤋
Find a good lawyer to help your mom and you. If it can be prov en your mom have Alzheimer and he took advantage of the situation he can be sued. Your brother is the lowest scumbag of all. Hope he goes to hell.
2007-09-14 18:25:58 · answer #10 · answered by Goodhead 3 · 1⤊ 0⤋