Q: Can older brother who has been out of his mothers life for over 15 years.. When she has dementia in nursing home.
And sue brother and his fiance. His brother is on her checking and credit cards with their moms permission. The fiance ,the mother in law authorized a credit card ,but fiance called credit company and took herself off, never activated her card and cut card up. Now brother went to supreme court and gets guardian ship over mom and threatens to sue his brother and fiance when they were there when he wasnt . The older brother didnt even see or talk to his mother in over 15 years. The money the brother used was for his mother, but has no receipts. Now the brother who was away only one mile away . said hes sueing. And his brother and fiance are going to jail. Now he has the keys to the moms home in forclosure in a few weeks. And her bills.....what should the brother and his fiance do if anything ? If the mother didnt have dementia she wouldnt want her eldest son to be in charge. The son who wasnt around says his lawyer told him no contact until he gets guardianship in a few weeks.
A:
Is there a will or trust? Is there a Power of Attorney? If you suspect fraud, undue influence, or duress, you may consider filing a suit against the alleged wrong-doer. If you want to challenge the guardianship, you can file the necessary court documents. See: http://www.nycourts.gov/courthelp/guardianship/AIP.shtml
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: I cannot follow this post. You are switching between first and third person is a way I cannot tell which brother is which. Once there is a guardianship, the guardian will be able to recover lost money.
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