QUESTION

What are my legal rights the only living blood son to my alive mother?

Asked on Sep 03rd, 2012 on Estate Planning - Maryland
More details to this question:
My father died a few years ago. My mother has Alzheimerโ€™s disease. My niece, her granddaughter has done things without my knowledge. She had her sign a truck into her name. I think also probably has some sort of legal papers to gain access to her property or finances when she passes she told me. There are fatherโ€™s property and things he told me to do. Instead, my niece ignored his wishes and my responsibility as what to do and to what and who gets what do and not to. She told my niece it is up to me her son, no one else.
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12 ANSWERS

You should file a complaint with the local agency charged with prosecuting elder abuse.
Answered on Jun 28th, 2013 at 12:41 AM

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Elder Law Attorney serving Roseville, CA
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You need a petition for a conservatorship.
Answered on Jun 28th, 2013 at 12:29 AM

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Leonard A. Kaanta
You need to file for a guardianship of your mother.
Answered on Jun 28th, 2013 at 12:26 AM

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You should contact your local Senior Services, Adult Protective Services. This sounds like elder financial abuse, and it should be investigated. To say that someone has Alzheimer's Disease doesn't end the inquiry; the disease is progressive and your mother may not have been incapacitated within the meaning of the law when she made transfers to your niece. If your mother was incapacitated, and niece is taking advantage, then Adult Protective Services can step in and stop the abuse. If your mother still has capacity, maybe niece has made herself useful as a caregiver and your mother has decided to change her estate plan. Only a proper investigation of the circumstances around transfers, and the relationship between your mother and niece, will really answer the questions.
Answered on Sep 12th, 2012 at 11:25 AM

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Civil Litigation Attorney serving Aptos, CA at Richard E. Damon, P.C.
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If your mother has a will, the will governs. If she dies intestate (without a will) and you are the only child, then by law you inherit her entire estate, or what's left of it. If a niece has been abusing your mother, report this to Adult Protective Services. There may have been a violation of elder law, which protects elderly people from being taken advantage of. Your father's wishes, if not part of his will, are not binding legally, only morally, on his heirs.
Answered on Sep 12th, 2012 at 11:24 AM

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Probate Attorney serving Arlington, TX at Law Office of Eric J. Smith
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When an elderly person loses capacity due to Alzheimer's disease, dementia, or other mental deterioration they can be taken advantage of. The best way to prevent this is to establish a guardianship for her. You can apply for this yourself in your county probate court, or you can call the Department of Aging and Disability Services and request a guardianship started.
Answered on Sep 12th, 2012 at 11:22 AM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Your legal rights are you are the direct heir of your parents, and are entitled to complete control of their estate. Get your yourself a good probate litigation lawyer who can file the necessary documents to put you in complete control via a conservatorship of the person and estate of your mother. Don't delay, as their appears to be something amiss here.
Answered on Sep 12th, 2012 at 11:21 AM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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Hello~ Your summary is a little confusing, but part of that may be your lack of information on what is going on. It sounds to me like you could be in for a really messy situation. IF your mother is still competent, which is currently in question, then you should have her meet with an estate planning attorney to make sure that she has things set up the way she likes. YOU do not have a say in this process, nor should you. If YOU set everything up, (such as finding the lawyer, taking your mother there, being involved in all the discussions, etc.), it could result in an argument that you unduly influenced your mother, and any resulting estate plan could be challenged on that basis. You should understand that you do not have any inherent rights because you are the son, or because you are blood related, or anything else. Your rights depend on: 1) how your mother's assets are titled, and 2) what she says in her Will. If everything is titled solely in your mother's name, then upon her death, probate will be necessary. If there is a Will, the Will would control the distribution. If there is NO will, then intestate law will determine who gets what. In the absence of a Will, you and your siblings (or the children of any deceased siblings), would share equally in the estate. You need to know how the assets are titled, because if everything is in joint names with someone else, or if someone else is named as beneficiary, then any such assets pass automatically upon your mother's death. They are not subject to the terms of any Will, and you might have nothing you can do about that.
Answered on Sep 12th, 2012 at 11:20 AM

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Elder Law Attorney serving Hollister, CA at Charles R. Perry
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You should consult with a lawyer who works in the area of estates and estate planning, powers of attorney, and elder law. You may also need to think about a conservatorship for your mother, though that is a rather dramatic action. The question is not necessarily one of your "rights." It is more of a question of what you can do to protect your mother, and what you can do to enforce your father's wishes.
Answered on Sep 12th, 2012 at 11:11 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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If your mother is no longer capable of handling her finances and property due to her illness, she will need a legal guardian/conservator to take care of those matters on her behalf. You can apply to be your mother's guardian/conservator through the court in her county of residence. If you believe that your niece has taken advantage of your mother to her own gain, call your local Aging Service and ask them to investigate the situation.
Answered on Sep 12th, 2012 at 11:10 AM

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Neal Michael Rimer
It sounds like you should start a conservatorship over the person and over the estate. As the child you would have priority to be the conservator and take control over the decisions subject to court approval. If you mom had done any estate planning there may be a trust or a durable power of attorney. The trustee who is named as successor would probably start performing their job assuming that a doctor or 2 would state that your mom should not control her assets due to her mental state. If you proceed to become the conservator, any assets recently transferred could be recovered. You could do the same as the successor trustee if there is a trust. You should consult an attorney, perhaps contact the authorities and begin an investigation into elder abuse, and maybe start the conservationship.
Answered on Sep 12th, 2012 at 11:09 AM

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Alternative Dispute Resolution Attorney serving Baltimore, MD at Whiteford, Taylor & Preston L.L.P.
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Based on your question, it appears that you do not have a power of attorney or other document that would allow you to manage your mother's assets. You might consider filing a petition in court to obtain guardianship over your mother's property. If your niece has done anything improper regarding your mother's assets, then a guardian could attempt to reverse what your niece has done.
Answered on Sep 12th, 2012 at 11:08 AM

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