I tried to get conservership of my mom after I found her in a Medicaid nursing home. My brother and wife kept her away from all family and friends.

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for 2 1/2 years. she tried to take my brother off of trust and poa. she said i don't want mike and jodi to have that. she was 92. the admin. of n/h refused to let her cross line on forms and said legal aid coming tomorrow. the whole town knew of the explotation and there are 3 abuse reports. i was treated like a criminal and she was very neglected. no teeth, no hearing aid, she needed a recliner in her room to keep her legs elavated and i even asked if i could pay for it. i went through ombudsman, legal aid and then got a lawyer. nobody ever brought up the abuse and the 250k brother took. judge did not even look at my papers. judge let brother walk out of court, letting him to spend the remainder of her money. judge ordered in court papers to allow me copies of mom,s medical reports. n/h refuses to send them to me. now they {court} tell me come back and file civil suit. i cannot afford another lawyer...mine was useless. now i have been informed brothers housearound. he has trust and will not open the will. i had one in my name but brother destroyed it. was repo.d for non payment,but i have papers to show it was paid in full...with mom's money. any suggestions on how to sue a county in tn. i live in texas. also brother and wife are still walking there . isn't it a crime to sequester,abuse phyiscally, and steal her money? what recourse do i have, i served my brother to bring records of mom's finanical papers...he came empty handed. he doesn't keep records. also summons the n/h director and judge did not even question him. brother took mom to n/h half dead with fist sized bed sores and n/h never called police or hospital. the whole town is crooked. does my brother go free? mom died in feb,2012 brother did not even tell me where she was layed out or where she is buried. she was my mom too. also i have a sister and mom has grandkids and great grandsons. why won't anyone tell me what is going on??? thanks for reading this and god bless you. peggy


Most attny will give you a consultation for free. I would advise you seek one out. You would need to do this in the state where this took place. Good Luck
what a mess and i am so sorry you are having to go through this. I think you need to break up the pieces and attack one issue at a time. there are too many things going on at once; of course call aging and adult services they might be able to help you. Good luck to you
First off, sending you a HUG and saying a prayer for your situation...it's very sad for you, my condolences. Sounds like you have quite the "dilly" of a sibling situation. You will def. need to find an Elder Law attorney and as far as finding out where she was buried, you can try to find her obituary online. Go to different funeral home websites in the area. They list the deceased persons' obits in their websites. The attorney can give you information regarding the will and how to get the information you are having withheld from you from legal aid. It's a terrible, hurtful feeling to be kept out of the loop on the death of your mother. Good luck and keep us posted.
Go either on-line or in person to the courthouse and search for the probate hearing for your mom's estate. If she died in Feb, 2012, that is only 4 months so either it (probate) hasn't been opened at all or still is in the early stages of probate.In Texas you have 4 years to even open probate, so if there is no real reason to do it quick then the estate can sit around for years. If probate has been opened, you can pay for a copy of the hearings to date - this is usually very inexpensive to do. If its really recent you kinda have to do this in person as the on-line posting takes often weeks to get done. You can go to probate court at the hearing date(s) and challenge the Letters of Testmentary for the will but you should have an attorney do this.

You - through the attorney- can also present your claim against the estate in probate court. The hearing dates for her probate is required to be published in the local newspaper. Again, you can do on-line to scan the legal notices to see when her probate hearings are going to be done and to whom to send your claim.

Now if after all this you can't find anything, use the information you got from the legal notices to come up with a list of the possible and likely attorneys who are doing her probate. In small towns or smaller counties there usually is just a few attorneys who do probate. The same attorney names come up again and again. Send each of them a short letter of inquiry with your mothers information (DOB, DOD, SS# and her last couple of addresses and your brothers address) as to whether they are the attorney for the estate and that you are a linear heir to the estate and as such expect to be notified of all and any hearings. If you have fax #'s of the offices, then fax the letters too. If this is a bigger city or county with big cities, like Bexar or Harris, there are just too many attorneys to do this. But in a small city or county, you can get this done easily. Good luck.
All I can suggest to start with is figure out the largest town in TX that is at least an hour away or MORE...and find the best elderlawyer in that community. Maybe even talk to elder services at a state level (in IL our attorney general's office handles claims about elder fraud and other issues and seems to take on fights of citizens against bigger issues, so see if TX has something similar). My kneejerk reaction is that you have to get outside the good ol' boy network and find someone who is loaded to come and not put up with that crap. It seems you have a big fish in a little pond syndrome on the surface of your problems and you just might need to transplant a shark to the pond.

I can't get a handle on what is the basis of the problems between you and your brother, but I'm sure there is much more going on....find yourself an advocate that you can trust to represent your interests. and even if the brother spent the money, if your lawyer can prove wrong doing along the way, you might eventually see some of it. Where does the sister fall in all of this? Also excluded? I can't help having the sense that there was some kind of relationship between the brother and the administrator of the nursing home....partners to obtain your mother's $$, perhaps? Stranger things have happened and your *are* in Texas, after all...
If you know where she was living when she died, you can get a copy of her death certificate. It should have the name of the funeral home and the place of final disposition. Then, contact the funeral home and/or cemetery and they should be able to give you a lot number. The cemetery office should have a map showing where she's buried.
It is a terrible tale but your suffering mother has escaped it. If it is worth following up I would combine the effort with all of the excluded family working together. If there is an estate Medicaid fraud may be involved. Get the best lawyer you can.
i send u hugs.......and lots of patience--this kind of a thing can really do some damage on YOU!!
i have a similar situation- brother had my name taken off of med poa
he is now poa = of everything-i have yet to see the changed document-
he emptied out her house of 55yrs, never told me till it was alll done and refused to give me any info-finances,will,copy of poa,etc.
it is unbelievable what family will do to eachother-
mom is still alive-but he moved her 4 hours away from home ,put her in a nursing home and i am not authorized toget any info-
so i dont reallyhave any advise- im still search!!!but i have an idea of how u feel,
and just want u to know, u r not alone-
i am here-
hugs-strenght,dont allow the stress to cause u damage(ha,easier said than done, i know),
it is so hard to let go of things that touch our heart,reach down into our bones,hurt and anger us, and we cannot do anything but run in circles-
not to say u may not find a way to resolve this--i hope u do-
in the mean time, i know it is hard, but take some deep breaths,and find something that makes u smile.
although i dont know u, i feel like i do,
so sending love too,
I am sorry for your LOSS! We have some good laws in our country and it grieves me when I hear stories like this! It's so Sad. Whatever path you take to find your Mother I hope and pray you are successful...
I ache for you. How can people, esp families who we are raised to believe is important, do such a thing? Please promise to keep us posted. You have been given good ideas to perform a search. Maybe I missed it, but do you have any idea why they are doing this?

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