I need a clear answer on this, I am my mother legal guardian, and my name is almost on everything. I quit my job to take care of my mother 24/7 for her dementia, congestive heart failure, uncontrollable diabetes, etc. Now because none of the other five siblings are qualified. I also have to use her money for our expenses, I don't have habits and I don't waste her money because it has to be reported to the state. Because I won't give them her money, no one helps me with her or call to check on her, not anything. So when she pass do I have to give them anything, is this a state requirement? Are there step I need to take now?


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My family just don't understand the concept of getting things in order! There is no Will and she is too far gone mentally, After she passes the state will actually take her money. and home, etc., is there something I can do about things now, She doesn't owe anyone and is not qualified for Medicaid. This is some messed up S.....!
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As hard as this sounds, if a will or trust is set up for all family members to inherit equally, w/o regard to anything they may or may not have contributed to the person's care---they will inherit their share.

This is the source of a LOT of anger, pain and families fracturing into bits and pieces.

Contact mom's attorney and look at the will, if you can. I am glad I did, as I found out Mother has been lying to all of us since--well, forever. The brother who stole $250K from her and dad stood to inherit 1/6th of her estate, even though he'd robbed my parents blind. (that brother is now deceased, and no provisions were made for his 5 kids.)

Joke is on all of us. She has less than $40,000 in all. Split 5 ways....big whoop.

Talk to the attorney and see what kind of files, notes, receits, etc you should be hanging on to for the sake of your sanity when the time comes. Even if you can't talk to the one who set up her will--it's still a good idea to cover yourself.

If her estate goes to probate, ( no will) very little actually winds up back in the family.

I'd say be prepared. And know in advance what to expect. Obviously. don't know your family, but inheritances and wills can bring out the worst in people.
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As legal guardian you can petition the court to receive payment for your services - you will need to submit those related to guardianship expenses and backup documentation as to living expenses and you needing to be her full time caregiver.

You'll need to use an attorney but it can be billed to your mothers estate.

Better to be paid now and have it all neat and legal than to wait for whatever might be left over - and possibly having to beat back greedy relatives.
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Kelly, hopefully your Mother has a Will to help clarify who gets what, if anything. If there is no Will, then it would be up to the County Probate Judge to decide how the estate will be split.

If you Mom has no Will, how far into her Alzheimer's/Dementia is she [as per your profile]? Does she still have clear moments where she is in the here and now? If yes, contact an Elder Law Attorney and have Mom create a Will. Make the appointment for the time of day that Mom is of clearer mind.
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