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My mother has passed recently. My sister was granted limited guardian of my mother. She failed to inform any of the other 5 siblings of the whereabouts of our mother. Since the diagnosis of Disabled adult by a physciatrist another sibling took our mother to an attorney and had a will filed. The sister that was granted limited guardianship convinced mother that I took her money, another sibling was taking her independence and another sibling was living in her house and using her car. When I did get to go where mother was, she was angry with me and even told the home what she thought. The limited guardian only talked with the two sibling that live out of state. I straightened out mom's finances when she went into the nursing home the first time. She voluntarily signed herslef in. I and one other siblin was granted temporary guardians. The sibling that was possesive was not around to do the duties of providing mother a safe place to live when she came out of the home, nor was she around to clean out mom's house of years of hoarding. Now that the funeral is over, and we all watched mother die, this will comes up. The will my mother had appointed me as executor. The will my other sibling from out of state got mother to sign stated that she and the limited guardian and the other sibling from outside the state get the house to split 3 ways, all the personal property and any income from left over accounts and any other monies owed my mother. It also stated that the other siblings get a dollar a piece and a step grandson get $100. We are not the
Rockafellers, don't know why they think we are! Since mother was diagnosed a disabled adult and not capable of signing any document or even living alone, how could she write a will.
From what I understand the sibling left her at the lawyers and mom went in by herself. The sibling responsible for this has since died.
What do we do now? I resigned as temp guardian because I didn't want this for mother. She believed anything that the limited guardian told her and I can prove she lied to her constatntly. Once when I found mother, a nurses aid talked to me about the guardian. She told me that she thinks the guardian gets mother upset. I asked why and she implied that mom was told things that she didn't think were true, and they seemed like affirmations to make sure her mother didnt forget us. The next day, that woman was fired. There is no money to be had here, it is the principle. The sibling limited guardian has lived in the house for maybe 8 years total. She has not had to pay rent and has new cars.
She mortgaged the house and has a lein of $90 thousand on it. Why didn't she offset mom's medical nursing home with paying a rent to live there? I see clear and concise elder abuse, but we thought that as long as mom was being taken care of, we overlooked some of this. The limited guardian has used this to get closer to her children and they also have turned against us. Before this all happened I spoke to my mother every day and saw her at least 3 times a week. I missed her more and more each day. She died a painful deah from dementia and parkinsons. She is at peace now, but we are all stirred up. I went to the courthouse to see all the files and get a copy of the will (which the attorney failed to attach to a petiion granting my sister plenary guardianship). This guardian was ordered by the court to put in an accouting of mom's money. There was nothing in the file since the court time when I and another sibling voluntarily resigned.
That was not the case according to the reports however, I proved every dime and even found money mother didn't know she was paying for needlessly. I spent much time on her house even with a full time job.
Do I need to spend money on an attorney? I tried online to find an attorney that practiced in will and estates. I found three, emailed them and got no results even though the ad said every email answered. So I assume no one would want this? I have a copy of the original will which mother gave me along with all my father's things. (Mom remarried and outlived that man too.). Please help. I cannot see our family surviving this.

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If you are not involved on the house, let it go. If you don't owe any money or were expecting any money, let it go. It's not worth making yourself have health issues over it. My mother-in-law is in a NH, the one in charge (we all think had things changed over to just him) took care of things but didn't keep everyone in the loop. Everyone in the family knew there was no money to get so don't keep beating something that isn't going to change. Just accept it and move on. Make new friends and if the rest of your family isn't speaking with you (it can be hard), let it go. The great Creator will give you peace if you ask.
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The last will that was filed is the will that stands.
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Medicaid is the health plan that will take the house. This could cause big problems for the estate and the sister if the house was transferred within the five year window. Medicare has no restrictions that would look back five years.
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Honey, go talk to an elder attorney for the most accurate responses, okay? Let us know what happens. Meanwhile, you need to forgive and move along.
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Did your mother sign over ownership of the house to the sibling that has lived in it for 8 years? If she did not that sibling is in deep trouble. I believe and you would have to check this that Medicare is entitled to that house so she will be left homeless and still owe on the 90K. If mother did sign it over three years (now five) before she entered the nursing home there is no problem. Medicare can be very persistent in collecting undisclosed funds
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If both your mother and the sibling who made your mother sign the 2nd Will are deceased, the issue is dead. No one to testify, no wonder no attorney wants to touch it. Let it go! Let it go! You will make yourselves sick if you do not let it go.
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There are a number of attorney rating sites. Do a google search to find them, then do a search in your area. One of these sites is AVVO where you can even pose questions to the lawyer community and potentially receive replies.
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As Blannie said, if there is little to gain by fighting it out in court, it is best to let it go. The Universe, Great Spirit, or whatever you believe in knows the truth. If you're like most of us, you need to turn your attention to your own well being. Try focusing on nutrition and exercise (Pilates is great for everyone, no matter their state of health). Cultivate positive thoughts through meditation or listening to uplifting music. It's all right to let go of what only does you harm.
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Your situation sounds much too complex for any of us non-lawyers to figure it out (from my perspective anyway). Is there enough money involved to be worth fighting for, or is it more about the principle of the thing? What do you hope to gain by fighting it? If your family is fractured now, fighting it will only make those splits worse...
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