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ray6019 Asked October 2015

My Mother is in an ACF due to a bad stroke, and my sister is the POT. But I found $7,000 (Mom's) in her house, so do I have any legal claim?

My mother was a huge hoader, and for the last 3 years I have been helping my sister clean out her house (10 dumpsters so far & we're only 1/2 way). But my sister (POT) & her husband have been told me verbally that I could have her house upon her death, and I'm the only person who stays there overnight at all. I live in FL but her house is in IN, so I stay there a couple weeks at a time every several months. So everybody has been treating it as my house, so I didn't know if I had any legal right to the $7,000 I recently found or perhaps splitting it (50/50%) with her estate? My sister took possession of it, but I thought since it was a sizable amount I should check to see if I had any legal claim to it. Her estate is valued at approximately $3,000,000, not including her house. I know any IRS gift under $14,000 would not be taxed, so I wanted to do some research before submitting a proposal to my sister about the $7,000 (if I in fact have any legal claim to all or a portion of it). Thank you for any information that anyone can provide to me regarding this situation.

pamstegma Oct 2015
The POA is required to secure the assets, all of it, and when Mom dies, distribution is according to the Will, not verbal promises. Right now NOBODY has a claim to anything. Thank you for turning over the found cash, it was very honest of you. You will have to wait until she dies and the assets may all be gone by then.

BarbBrooklyn Oct 2015
The house and everything in it belongs to your mother. She's alive and in need of funds for her care.

After a major stroke, i would expect her to require NH care for the rest of her life. Where i am, a mid level NH costs $15000 per month, so 180,000 per year. You may need every penny to keep mom in care.

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MaggieMarshall Oct 2015
Well, technically, it's mom's. Her house. Her money. Finders-keepers isn't really what the law is.

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