Big mess.
My brother use to be nice but has Parkinson’s. Hateful now to mom and me.
My mom is 96, and has always lived in her little condo. She was thinking about selling it and going into assistive living. She just found out when he took over POA she sign over condo to him and me after so many years. She is devastated. She has a little money to now try to go into a home. He wants her out of her condo, so he can move and get the money. Granted she is stubborn, lucid and does most of the house work and lives alone. Can she stay in home or should see a lawyer about getting condo back? I believe there may be a loop hole. He also told me no trust or will, which is a lie. He and his wife have also found to have been taking thousands from her over the years. He also opened a secret trust in his name with my moms name and he is primary. The money was her funeral. He took 5000 from sale of car and my dads 3000 from credit from my dads funeral. My brother and wife try to justify there lies. Wife big exaggerated. Bossy and aggressive. Liers for sure.
If at the time it was done, it was right after Dad died in 2007 and your Brother was looking at all the co$t$ spent on private pay in a NH for your dads care, it could make sense to divest mom of assets so that if she too needed care in a NH years later she would be able to go onto LTC Medicaid way more easily as she financially would have no assets other than whatever left in her bank accounts & whatever income (like her Ss$) she is paid each month.
Your Dad died in 2007, if property transfer was done back then, it’s over a decade ago & past the stage to get a do-over.
Your mom however can change her POA to go from your brother over to you tomorrow if she wants too. There is no reason why mom cannot see a elder law attorney to do this and then the 2 of you go and change her banking to have it reset to have you as the signatory and POD on her financials. Realize if you do this, then it’s 100% on you to navigate all the dealings with paying for her care and placement from then on out. Right now if Bro is her POA, it’s all on him.
I think you & your mom together should speak with an attorney to get a better understanding of what was done in the past and what it means in the present. This has been suggested to you before….. and for a reason in that ultimately things like this flat require legal filings and that means your mom has to, HAS TO, have an attorney. What most likely the attorney will want to do is get all the legal documents filed for all property transfers, current ownership info on the condo and if a will & probate was done after dad died in 2007 then all the filings from that era too. Items like this are all available from the courthouse for a smallish fee as a online printable download, OR, you can go to the courthouse and go to court records to pay for copies, OR moms new attorney does this. And past 2 years on all her banking statements. It could very well be that all the actions he has done are allowable as per the terms of Dads will or in his role as POA for your mom. You personally may not like what he did, but it was legal.
Your mom is 96, she is not going to get younger or healthier or more spry. It may be that Bro is being hard ball on having her exit condo is cause he can see, that it is obvious, that she needs 24/7 oversight; that she’s not cognitive or competent & needs a NH. Not AL but a NH.
Realize that for most States it is only a NH that LTC Medicaid will ever pay for and by her not owning that condo is just one less thing to deal with to get her eligible for it.
Mom needs to meet with an attorney, this was true 2 years ago when you first posted and remains true now.
The only one to settle this out now is an attorney and your Mom.
Hard to believe that someone trust to take care of your assets has become so deceptive. They call themselves Christian’s.
The above is a post from August 5th, very similar to this one. I scanned over your previous posts, some going back to 2019 where you talk about not wanting to move in with Mom.
In 2020 you talk about brother missusing Moms POA, that she is living in a Condo "on her own". At that time seems you had a lawyer involved.
Now August of 2022, you say Dad just died but Mom has been "on her own" since 2020? I saw no mention of Dad being placed but.. I was scanning. The post I am quoting says she is 81 but this one says she is 96.
You have had 2 years to get this all figured out. Most of the replies to you on your posts have said "GET A LAWYER" You need to get a lawyer in Moms jurisdiction and do it NOW or she is going to lose her home. Now you say Moms showing signs od Dementia, if so its going to make things harder.
Sorry, but this is a Caregiver forum of people like you. No professional lawyers. We cannot give you the answers you need concerning brother. Want to know how to deal with Moms Dementia, then we can help there.
I remember your last post and a member replied you had this problem in 2020 and had replies telling you to get a lawyer. I am sure you have been told that Mom can, if is competent, revolk brothers POA and assign a new one.
"She just found out when he took over POA she sign over condo to him and me after so many years" I think your mother maybe able to change her mind about that paperwork if no money changed hands. And if you now own it to, you have some say if brother moves in or not.
You need a lawyer NOW to protect Mom. First to get the POA changed and her home protected.
mom was very distraught after dad died in 2007 and mom assigned him POA. The NH took a great deal of money and that’s when I think he had her sign over the condo, which she does not remember. Recently she has noticed that numerous checks have been written lately from I believe my sister in law. My brother has Parkinson’s.
My mom wants to remain in her condo and does not want him to kick her out. He and his wife want to move and want the money. They have become scammers and corrupt. If he paid for it, it was probably a dollar. He does not tell me anything about anything. Everything is secret.