BeneficiaryInNV
New Member
Short Version:
1. Sociopath mom wastes estate money as POA [I am POD/ sole beneficiary]
2. Estate in probate court, to appoint mom as executor & sell the house [last estate asset]
3. Need advice!
*POA-Power of Attorney while decedent is living, POD-Pay On Death on accounts
Long Version:
My great grandmother passed away in December of 3002 at the age of 94. I had been caring for her for the previous 2 years (I am 21 years old) and battling my mother the entire time. My mother neglected her care, wasted her finances, cashed in her life insurance policies and annuities, and let others in the family have free access to her ATM & check card under the supposed protection of ‘legal power of attorney’. She lied her way through an investigation by social services, and at the time of my great grandmother’s death, the bank account was overdrawn.
My mother fought me on filing any paperwork after her death; 3 months in I finally went to speak with the attorney who wrote the amendments to the trust (listing me as the sole beneficiary) about what to do. I was told if I pursued any action against my mother, criminal state and federal charges would eventually be filed against her. Additionally, we found that no trust deed had been filed, so we would have to probate; with no money I would have to sell the house (where I currently live) to pay the estate costs. I opted to petition to be the executor, and leave the rest alone. My attorney told me she would first attempt to have my mother sign the paperwork and we could be done with it. My attorney at the time was advised of my mother’s sociopathic personality and assured me she would have no problems dealing with her.
After my attorney contacted my mother, I didn’t hear anything from her and could not get in touch with her at her offices. I received the initial probate paperwork for a hearing on April 29th, and still I could not contact my attorney. My family advisor knew the situation and referred me to a real estate agent who also knew my attorney. He wanted to list the house immediately, assuring me that so long as we closed after probate, we did not need court approval. He also told me he would verify all of this with the attorney.
We received an offer on the house exceeding $200,000. The close was scheduled for May 6th. On Wednesday of this week, I got a call from my mother informing me that I had screwed everything up.
I followed up with my real estate agent, who told me that because we DID need court approval, everything would need to be redone, however the house would probably sell higher in the end because of it. He also told me MY attorney had set a hearing to have my mother as the executor of the estate for May13th, and that he and my mother would be meeting the day after to sign sale paperwork.
This will again give my mother direct access to the assets of the estate; her financial and mental history make this very unstable. I have made an appointment with my attorney for next Tuesday, the 4th, to discuss these things as I can still no longer contact her by phone.
WHAT can I do? I know I will ask my attorney to petition the court to list me as the executor, however it appears both my attorney and my real estate agent, who initially knew of my mother’s manipulative, deceptive, and unstable personality have been ‘won over’ by said things and now have her ‘noble’ interests at heart.
I am 21 years old, have a stress related illness that can put me in serious jeopardy, a student with a part time job and a fiancé who is also a student with a full time $20,000K a year job. I cannot afford mentally, physically, or financially to lose the estate…let alone allow my mother to further tarnish my great grandmother’s name.
1. Sociopath mom wastes estate money as POA [I am POD/ sole beneficiary]
2. Estate in probate court, to appoint mom as executor & sell the house [last estate asset]
3. Need advice!
*POA-Power of Attorney while decedent is living, POD-Pay On Death on accounts
Long Version:
My great grandmother passed away in December of 3002 at the age of 94. I had been caring for her for the previous 2 years (I am 21 years old) and battling my mother the entire time. My mother neglected her care, wasted her finances, cashed in her life insurance policies and annuities, and let others in the family have free access to her ATM & check card under the supposed protection of ‘legal power of attorney’. She lied her way through an investigation by social services, and at the time of my great grandmother’s death, the bank account was overdrawn.
My mother fought me on filing any paperwork after her death; 3 months in I finally went to speak with the attorney who wrote the amendments to the trust (listing me as the sole beneficiary) about what to do. I was told if I pursued any action against my mother, criminal state and federal charges would eventually be filed against her. Additionally, we found that no trust deed had been filed, so we would have to probate; with no money I would have to sell the house (where I currently live) to pay the estate costs. I opted to petition to be the executor, and leave the rest alone. My attorney told me she would first attempt to have my mother sign the paperwork and we could be done with it. My attorney at the time was advised of my mother’s sociopathic personality and assured me she would have no problems dealing with her.
After my attorney contacted my mother, I didn’t hear anything from her and could not get in touch with her at her offices. I received the initial probate paperwork for a hearing on April 29th, and still I could not contact my attorney. My family advisor knew the situation and referred me to a real estate agent who also knew my attorney. He wanted to list the house immediately, assuring me that so long as we closed after probate, we did not need court approval. He also told me he would verify all of this with the attorney.
We received an offer on the house exceeding $200,000. The close was scheduled for May 6th. On Wednesday of this week, I got a call from my mother informing me that I had screwed everything up.
I followed up with my real estate agent, who told me that because we DID need court approval, everything would need to be redone, however the house would probably sell higher in the end because of it. He also told me MY attorney had set a hearing to have my mother as the executor of the estate for May13th, and that he and my mother would be meeting the day after to sign sale paperwork.
This will again give my mother direct access to the assets of the estate; her financial and mental history make this very unstable. I have made an appointment with my attorney for next Tuesday, the 4th, to discuss these things as I can still no longer contact her by phone.
WHAT can I do? I know I will ask my attorney to petition the court to list me as the executor, however it appears both my attorney and my real estate agent, who initially knew of my mother’s manipulative, deceptive, and unstable personality have been ‘won over’ by said things and now have her ‘noble’ interests at heart.
I am 21 years old, have a stress related illness that can put me in serious jeopardy, a student with a part time job and a fiancé who is also a student with a full time $20,000K a year job. I cannot afford mentally, physically, or financially to lose the estate…let alone allow my mother to further tarnish my great grandmother’s name.
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