My mother's home is for sale and does not need any loan. She on the other hand has just purchased a new home in Nevada and has been making upgrades to her home. According to the bank, she opened the account in my mom's name. Mom just came to live with us in Nov. 2018. My sister gets her whole SSI check. $1,550. Out of that, my sister only sends my mom $500 a month. The past two months she has refused to pay her unless I do something. I am at a loss of what to do. I have her on elder abuse and theft at the least. And I have her on my messanger saying she knows what she is doing. I cannot afford an attorney. She knows this. Help!
what kind of Trust?
is house titled in Trusts name?
if your mom was the settlor of the trust and is the beneficiary of the trust, she still has rights regarding the Trust. If she lives with you, you can take her to the nearest branch of the bank who has her accounts and did the Heloc to meet with a bank officer to get copies of all banking and lending done as she was the settleor and is the beneficiary of the trust. Bank officer will likely want to speak with her one-on-one in their office. So your mom needs to be somewhat competent and cognitive to do this.
A trustee administers a trust but you didn't explain anything about a trust for your mother. What is that about? Is the home held in a trust for your mother? Do you have a copy of the trust or know what assets it holds?
If your mother's money is paying the mortgage or loan on her house and utilities there there would be less money available to send for her care in your home. What was the plan when your mother came to live with you? Did you discuss any of this ahead of time?
Please, do not drop your mum off at your sister's home. She is not a handbag...
All the best. Money clouds unethical peoples judgment.
Her home can be sold, "As Is." No need to Upgrade for a sale...
Note: If your mum is competent to make decisions, have her give you a Durable Power of Attorney? It is Valid as long as she is alive.
I would ask your sister why the loan. If she can't show that its going towards the house then she needs to pay Mom back. Do you mean trustee or POA? Whichever, sister may be abusing her authority and you can ask for an accounting.
Fortunately, there was money in her accounts to do this work.
So: you don't need to afford an attorney, it's your mother who does. And she has her SSI check, and her house. Approach an attorney on that basis, on your mother's behalf, for advice. And report your sister's activities to the police meanwhile.
Is it possible to take mom to sister's home and drop her off?
Have you gone to Legal Aid, or tried a University Law school clinic?
At the very least, notify the bank in writing that this is a fraudulent transaction on your mother's account, if that is what it is.
Are you certain that the loan is not to bring mother's home up to code before sale?