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Onhold1 Asked August 2022

Can my mother get her condo back after signing it over under distress to my brother after my dad's death?

Brother took total advantage of my 81 y/o mother after dad's death. She was under distress and the NH took alot of money from her. Brother said mom asked him to POA. She put condo in my brother and my name and something about a 5 waiting period. He also made himself sole beneficiary of a trust my mom has at a funeral home. Never included me in anything. Tore up trust and will years ago.


She is now 95 and still lucid. She is thinking about going into an assistive living, but found out recently from my brother she signed over the condo and forgot she didn’t own it. She was upset, and brother thru a copy of transfer of deed at her and said she does not own it. She also realized they have been writing $20O and $300 dollar checks from her account ever other week. They're only suppose to write for 30.00 groceries. Probably for years now. When she brought it up to them, Sister in law threatened her with not getting her groceries and not taking her to a doctor apt. I live in another state and she called crying. Brother is the POA and I want to change it, but she is afraid. I asked him to give back the condo but he won’t. They are greedy and I'm not sure what to do. Help!


I am flying up to see her soon. They are phoney and now nice to her since things settled down. Probably want to continue the scam. She is 95 and pays all her bills except groceries. She is afraid they are going to put her in a NH or assistive living. She wants to stay where she is. They want to move out of state. Never thought my brother who says he is a Christian could be so evil. Sister in-law aggressive and extremely bossy. You can't have a conversation with anyone in a room without her interrupting. No empathy or compassion for mom from either one.


I do have an apt with an attorney. Have to stop the corruption.

Grandmaofeight Aug 2022
You need to go see Mom ASAP and have an appointment for both if you to see an elder law attorney.

JoAnn29 Aug 2022
When I set up Moms funeral trust the Funeral Home was the beneficiary. This was done to guarantee the monies went to the Funeral home. I thought these Trusts were tied up with Medicaid. If your brother is beneficiary there is no guarantee he will spend it on her funeral. He can take the money and run.

POA is not allowed to change existing documents. If Mom is cognitive she can revoke brothers POA and assign someone else. Your brother will have to account for any money taken for himself. Sounds like he is paying himself but unless that is in the POA and how much, he can not do that.

Good Luck with the Lawyer.

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freqflyer Aug 2022
Onhold1, I hope the attorney you have an appointment with is an Elder Law Attorney. If not, try to locate one in your area.

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