Legal Question in Elder Law in Florida

I am the youngest of three siblings. I have an elder sister and a brother. We (mostly I) placed our 93 year old mother in assisted living about one year ago. My mother has a home that is paid for and also has a DPOA naming myself and my two siblings. With my sister first, my brother second, and then myself as equals. Before my mother went into assisted living, my brother's wife was taking care of her financial needs since they lived in the same city and she is on my mother's bank account. Recently, my sister who lives out of state and not in good health, came down and had herself with the consent of my sister inaw placed on my mothers bank account. I am not on her account. However, I am the one taking care of her needs as best as I can. Also in the last year, my brother has had two strokes and is being cared for my sister and law. As I stated before, my sister lives out of state in says she is poor health. My mother has an income of about $2700 and has a house that is paid for. She has gone through her savings and her income does not paid the cost of assisted living. My sister and sister in law informed about a month ago that they no longer want to handle my mom's financial needs. The decision was made to sell my mom's house for her needs. At this time my sister in law is still paying my mom's bills. My mother has asked me to take over her needs and has stated that she does not trust my sister in law. I enlisted a realtor and placed my mom's home for sale. I also consulted a couple of financial planners and was informed that I needed to be on my mom's bank account. I did not dream that would become such a giant issue. It started when I took my mother to the bank to be added. The bank said they would need consent forms from my sister and sister in law to be added since they were co-owners of the account. The lady at the bank said she would take care of it. I also informed my sister and sister in law of my intentions. Much to my dismay, my sister stated she would not grant permission and when the bank called she stated the same. Mom sister in law has jointed my sister and also denied my request. She said I did not need to be on my moms account in the sales proceeds could be wired directly and she would be taking care of my mother's needs. She does not even visit my mother. Says she is too busy taking care of my brother. At this time, I inform my sister and sister in law that I do not feel comfortable with the sell of the house and will not a long with it under these conditions. I have already signed a realtor agreement but no buyer. I am getting the silent treatment from the sister and sister in law. Should I retain an attorney or what suggestion would you make?


Asked on 6/13/17, 5:50 am

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

You bet you need an attorney. They are not thinking of the best interest of your mother. They see dollar signs.

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Answered on 6/13/17, 5:54 am


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