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My brother was our step-grandfathers caregiver for 9 years. He recently put him in a nursing home because he was falling. Step-grandfathers lawyer has gone to nursing home and took copy of the Will, My cousin broke into the house that brother cohabitated with step grandfather. She took all brother paperwork and the will. We go to the courthouse, the will was picked up by the lawyer in Sept. Step-grandfather died in October. Brother was payee with Social Security Adm. My brother has no way of getting a copy of will. Can he put a lien on the house to recoup his losses, he paid property taxes, electric,water,sewer, cable, property insurance. The lawyer seems to be trying to steal this property from my brother. Is there any way that brother could petition the court to force lawyer to bring the will back to the courthouse. This has never gone into probate, the county attorney said it should have already been in probate. He told us if we could get copy of the will he would probate it. I don't know what to do?

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Someone said the will must be filed at the county....which I don't know, is that really true, everywhere? My parents recently re-did their will. They have a real copy, I have a real copy, and the lawyer has a real copy. As far as I know, the courts only recognize a real original, with the Notary and 2 witnesses, and there's only the 3 copies I saw signed. So whatever might have been "filed with the county" is not an original. It also costs a fee to file one there. I'm only writing this, to say, I don't think a will HAS TO or is Always filed with the county....it might be a photocopy could be on file there, but the Original one is needed by the executor. Maybe someone else can clarify.
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One also has to consider that we have senior citizens taking care of their parents who are in their 90's.

If my parents were in their 90's when I was in my 40's or 50's, I could manage it with a ton of energy. Once I past that 60 year old mark, my health took a downward slide big time. Same with my sig other, his energy level is half gone. Sleeping on the floor, I would need an EMT to pick ME up :P
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Yes I see all the comments and I didnt mean to offend anyone. Because this post is off tangent now, I feel that sending someone to a nursing home because they have been falling is not an answer. What can the nursing home do to prevent falls that we cannot do at home? Yes I slept on the floor next to mom for 2 months while her hip healed and yes only did housework with her next to me in the wheelchair, there is no magic pill but lots of fall prevention tactics. I have been a fulltime caregiver to my Mom for 7 years in my home so I more than understand different scenerios. I believe this is the hardest job in the world and admire everyone who takes their parents into their home for better or worse.
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Sorry jeanniegibbs, I meant that last comment for Reveroles. As for my brother not being competent, the Social Security adm. allowed him to be guardian for 9 years. He kept immaculate records of where step-grandfathers money. Step-grandfathers money went to his bank account. My brother had his own bank account.
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jeaniegibbs. I resent you implying that elderly people aren't being cared for when they fall. My father had the best care possible, he had a vac pump on his foot, He had complications from diabetes. He was supposed to be sitting in chairs, once he fell out of bed. I don't understand how you can be so judgemental. My step-grandfather was 80 years old.
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It was at the courthouse but it wasn't lodged into public record. It was in safekeeping. Our step-grandfather was only in the home for two weeks. He made them transfer him back to our city because he wanted to see my brother. I hope the greedy family members that done this realizes that He wanted my brother, not them. He is getting a lawyer this week, My brother had a new home built, our step-grandfather wanted to live in his home so my brother gave up his house to take care of him. This will is about 6 yrs old.
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The will should be filed at the courthouse in the county in which they live.
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Falling is something that can happen in the best of care situations. My mother got up in the middle of the night and fell, later that morning, she fell while I was in the bathroom. She had been placed on the sofa and was sleeping when I went into the bathroom less than 3 minutes, she was on the floor. They are quick when you aren't looking. Sometimes you must attend to nature. Middle of the night - even with a monitor on or sleeping in the same room, the fall occurs. It is unreasonable to expect someone to be aware every second of the day. I'm an only child an I have a part time paid caregiver and still she ends up on the floor through no fault of ours.
Now back to the cousin thing. File a "breaking and entering" police report. Be sure that you can prove it.
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Please falls are very hard to prevent even if ur right there holding on to them. To imply that more then one fall is neglect is ridiculous. We r very lucky to date to only have one fall, after asking my mother numerous times if she would like to come in the kitchen with with me after she finished her breathing treatment she insisted she would just stay in living room, well she changed her mind and got up with out my help and fell. Elder doesn't always remember they need help and accidents happen. " ACCIDENTS" I have to. Cook, clean and do laundry, make beds along with being my mothers caregiver 24/7. I can't be at her side 24/7 I can however do my best to care for her and try to make sure she is safe, but I can't carry her on my hip when I'm fixing her meals or changing her bed clothes, doing her laundry, if I could I would. I am however with her 24/7 or there is someone here to relieve me, I get 8hrs a week off out of 168hrs in a week. I have no-one else here to help me. I hope u don't have more than one fall but don't imply neglect you don't what ur talking about
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Reverseroles, you can baby proof the whole house, have a room full of nurses, and that elder will find some way to fall. There is nothing suspicious going on, it's just reality.
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diamons, you wrote "My brother had a car accident in the 90''s and he had multiple brain contusions. He doesn't understand everything like he did before the wreck.".... just curious why your brother, with such brain injuries, became the Caregiver to your Step-Grandfather?

As for the Will saying your brother would get the house, you need to check to see if Medicaid was used in the care of the Step-Grandfather.... if the answer is yes, then Medicaid gets the equity from the house when it is sold, in the mean time, Medicaid probably has a lien on the property.
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You say the house was willed to your brother a few years ago. You state the grandfather did not die until October. Did you mean your brother was put in the will a few years ago? How does your brother know he is mentioned in the will as receiving the house?
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jeannegibbs, why would you say such a thing of "accusing us" as if you are all a group against me. All I meant was once a person is known as a fall risk you take the right precautions so that it doesnt continue. You are now accusing me and we are supposed to be supporting eachother. Accidents happen yes, but once you know, you handle it. It was said in this original statement that he "kept falling" and that is suspicious with one-on-one help right there with him. If your child fell down the stairs in his walker, wouldnt you make SURE it didnt happen again? I dont need more stress in my life right now, I am still in the caregiving stage and am here to help people, not accuse them. This wasnt about a caregiver here, it was about her brother.
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To clarify the paper that was given to the officer. When the officer that had the Paper told my brother that he had 24hrs to get out of step-fathers house. The officer tried to get him to go to the county attorney. He was so upset and he didn't know what to do. We get on the phone and try to get a copy of this paper. We called the court clerk, she said that there was never any paper that had gone through the court system with anything about vacating the property. It was brought to the officer be our cousin, it was from the lawyer's office. Officer said it should have gone through the court but it wasn't. We didn't find this out until we spoke with the officer.
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Let me explain this a little better. My brother took care of step-grandfather for 9yrs. He was in good health for several years. Step-grandfathers lawyer is a crook. He told my brother that his guardianship had expired. Had our cousin become guardian. She goes directly from court to my step-brother's house, gets the key from the neighbor (which wasn't supposed to have a key). She takes all my brothers papers, with the will in them. My brother kept very good records of every dime that was spent on step-grandfathers money (never had a problem with SS). Then they go the the lawyers office, somehow get a paper that was given to city police, giving brother 24 hrs to get out of the house. The officer said this wasn't right and for him to go see county attorney. My brother had a car accident in the 90''s and he had multiple brain contusions. He doesn't understand everything like he did before the wreck. Step-grandfather didn't pass away until Oct. My brother and I spoke with the county attorney. He said that when our cousin got awarded guardianship that she had a right to those papers. My brother wasn't even at the house. My brother and I went to the courthouse to try to get a copy of the will. It had been picked up in Sept by the lawyer. The lawyer told my brother he would be writing him a letter. My brother tried to get a copy of the will from the nursing home, lawyer had also picked this copy up. My brother was going to put a lien on the house, which was willed to him several years ago. This little dirty small town lawyer thinks he is going to cheat my brother out of what is rightfully his. This property hasn't been put in probate, and if this lawyer gets his way it never will be. As for the falling, My father had 5 to 6 people taking care of him and he still took a few falls, and around where we live, the nursing home doesn't take very good care of those people. I am considering calling the bar association over this bull that lawyer is doing.
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At the beginning of his dementia my husband fell several times a day. Sometimes I was able to break the fall because I was right next to him, but I was not able to stop his body from doing what it was going to do ... fall. (Medications helped minimize that problem).

Sometimes the elderly fall and then break a hip. Sometimes the hip breaks and that causes a fall.

I don't know what you mean by "falling" is not an accident. Are you suggesting it is deliberate? Negligence? What are accusing us of, Reverseroles? I really don't get that statement.
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I have had my Mom 24/7 for seven years in my home so I think I have been around the elderly for a long time. One fall is an accident but "falling" is not.
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diamons, did your brother have a written Contract with his step-grandfather? A contract that would state how many hours of caregiving he would be doing, the hourly rate, what days off, if he [brother] would be paying property taxes, house insurance, all utilities? If there is nothing signed by the step-grandfather or signed by his Power of Attorney I doubt one can place a lien on the house.

If the step-grandfather wasn't able to pay the property taxes, insurance, and the utilities, with his social security and pension [if any] why was he still living in the house all that time? The house should have been sold and said equity [if any] used for his care elsewhere, like at the nursing home.

If step-grandfather was using Medicaid to pay for the nursing home, please note that Medicaid can place a lien on the house, and once the house is sold, said monies will go to Medicaid.

Who is the Executor of the Will? As that person to supply you with a copy.
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Force it into probate anyway without a Will. Then anyone who has a Will will be forced to show their hand (the Will). Just because he took care of him, he cannot be paid, and as Representative Payee on social security one has to file yearly about the expenses one paid for payee. I hope brother has records for what he spent with the social security funds and can prove it. Otherwise, social security is going to be very unhappy and may ask to have brother repay those monthly checks. I am sorry for your loss. If you suspect the attorney of fraud, report him/her to the Bar Association in your city.
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Sometimes putting someone in a nursing home is the most loving act, not a failure on the part of the caregiver. But that whole topic is beside the point of the post. There's some kind of fabulous mess there with the will and all. I bet no-one has a complete handle on what's really going on. Don't assume or speculate, work hard to get the clean facts, and get a lawyer.
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Falls are the major cause of elders being placed in long term care facilities, as they frequently suffer a fracture from a fall. No matter how good a care giver is, he/she cannot always prevent an elder from falling . Their balance is compromised and they tend to trip on even slight changes in floor surfaces(e.g. area rug to bare wood floors etc.) So I would not say that an elder's fall makes a care giver negligent. As for the rest of your brother's issues, consult an attorney.
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Reverseroles – your comment "If he was caring for him he wouldn't fall" is unfair. Anyone who's been around the frail elderly for any amount of time knows that one thing is true. They fall. No amount of careful caregiving can stop that. Unless you restrict someone from standing up at all, they are at risk for falling.

diamons – I agree, more information is needed. If your brother has the resources, he should hire an elder law attorney. How was the house titled? Was he left the house in the will? Was the cousin mentioned in the will. Was the will ever filed? Only a lawyer could truly get to the bottom of all this, especially since it sounds like fighting it out with your cousin's attorney is involved.
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This is a confusing post. In regards to your title "can your brother file a claim for caregiving" yes he sure can. If your stepgrandfather needed 24/7 help and your brother did it, he should definately be compensated.
I dont understand putting someone in a nursing home due to falling. If he was caring for him he wouldnt fall and a nursing home wont prevent that, sorry he passed away in the nursing home, how sad. You need more detail in your story for more answers I think,
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My cousin broke into the house that brother cohabitated with step grandfather. She took all brother paperwork and the will

Did you call the police following the break in? Was it your house?
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