Breached caregiver contract in year 3 of 4 never told me and continued to enjoy our consideration 24-7, 365, with my girlfriends(lvn) help due to bladder prolapse, bathroom every 4 hrs 24-7 until 4 months before passing.
Lead me off a fiscal cliff while continuing to enjoy extreme care knowing she had taken $1 million from me only! and everyone acts as if she can choose who gets what regardless of a completed contract for care!
I find everyone sees us as parasites even if we work while care giving , which she insisted I stop my work! I have emails proving this but forced to get atty for 40% who missed my deadline to file a credit claim and now threatens to quit if I dont settle for anything !
I want to fight but afraid lawyers fatal error if true will mean i lose when I should win
I have nothing but sympathy. Good luck!
Your lawyer is threatening to quit because he knows you're not going to pay him if he loses, and he feels that there is a very good chance that you're going to lose. At least if you settle, he gets paid. If you expect to be paid for the "caregiving" you did, you can't expect others to work for free.
The only person that can lead someone "off a fiscal cliff" is themselves. If your grandmother wanted to leave you money, or if she saw that you needed money, she would have left you some or gave you some. If you really do have a written contract setting forth specific financial arrangements, or if there is a will and your family members or others that are/were trustees are withholding money from you, you're going to have to sue them.
$250,000 per year for "caregiving" is quite excessive. I don't know any caregivers that make that much money. So, big deal----she had to go to the bathroom every 4 hours. Was that such a horrible thing to have to do---walk an old woman to the bathroom? Come on.
If you filed suit based on the meager claims you've identified, the attorney for the Trustee would likely (a) move quickly for a dismissal or (b) countersue you for harassment and frivolous claim.
I think you need to step back and take a realistic look at the situation and why you're so angry that you've been "cheated" out of the $1M you feel was due you for caregiving.
How much did you actually get, by the way? I'm guessing you don't want to reveal that amount.
TheBlackDogMina---I am the same as you. My 87 year old mother has a few dollars tucked away, but if she wanted to spend every dime, I wouldn't stop her. It's her money----who am I to tell her what to do with it? It's not mine until her heart stops beating and she takes her last breath----it is hers until then. A will doesn't kick in until someone is declared deceased. No one is "entitled" to anything, unless there is a firm, written contract in place that is made with both sides consenting to the agreement.
The OP says that "I lose when I should win". That is the OP's opinion, and you know what they say about opinions. Only a jury/fact finder would determine if the OP had enough verifiable evidence to prove the validity of their claim. OP would have to have an iron-clad, written contract signed by GM and witnessed by 2 unbiased witnesses. OP has "emails"? Emails are about as good as a disposable wipe in a court of law unless the writer testifies under oath that yes, indeed, they penned the emails and knew the content of those emails. I find it nearly impossible to believe that a 93 year old woman had the ability or technical wherewithal to use a computer to send emails with respect to a caregiving contract.
If OP really was providing care, GM should have and could have paid OP on a weekly/monthly schedule so that there would be no question about the trust after she was gone.