Secaucus, NJ asked in Estate Planning, Family Law and Real Estate Law for Pennsylvania

Q: Is stipulation withdrawing w/prejudice issues of estate, adopted as order, agreed to by all parties, final?

Father died, mom was in nursing home. Turned in discharge for home-base care.Under the advice of an attorney, mom transferred her interest in property to me. 3 wks latter I received petition by SNF attorney to have mom adjudicated incapacitated. Went to hearing and explained to master we were in process of discharge per mom's Neurologist. Voided my POA, ordered mom confined to SNF, appointed a GAL and a guardian of person/estate. GAL sued me for property transfer.I could jeopardize mom's LTC benefits. Told court she did not need LTC if they would let her come home. They declined.After 18mos of litigation we all agreed on stipulation stating they withdraw all objections with prejudice including transfer, that I would apply for DHS caretaker waiver and all parties bound by their decision. 6mos. later new guardian had my deed voided, property transferred to him for sale.Stated DHS taking too long. Vacate order served. Is order based on void judgement, precluded by res judicata?

1 Lawyer Answer
Cary B. Hall
Cary B. Hall
Answered
  • Estate Planning Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: I'll be honest . . . your situation is way too complicated to get a competent answer here. You really need to sit down with an attorney who practices regularly in the Orphans' Court, and discuss your situation in detail with him/her. At that point, you can pose your question. And you should do this immediately as there are surely deadlines and time limits in the current court litigation.

Best of luck to you.

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