My brother tells me that he is going to file a lawsuit against Mom and I.
This is his complaint.
I was the POA for my Dad..he passed in September.
I am the POA for my Mom. She is the executor and sole inheritor.
I have been moving Moms money into various investment accounts. Mostly depositing checks from Insurance and pensions, getting into very safe investments.. I figure that even with low interest...the principal needs to be safe..there will be enough for Mom for the next 10 years.
Brother wants some of that money...he feels he should have been an inheritor. In fact, he thinks I probably influenced my Dad to change his will. (Not so...will was written in 1976).
I did everything to conclude the business of my Dad..on my mother's behalf.
Brother says..he will drain the account just paying for the legal fees...or I can just talk Mom into handing over $40,000 now.
I guess he doesn't have much money....so winning against him might result in a monetary aware for legal bills..I bet he cannot pay. How do I protect Moms finances without paying a ton to either a lawyer or brother?
As to your specific questions, you're wise to plan on consulting an attorney, since answers here would most likely be from people who like me might have a legal background, or might otherwise have good experience on which to base their answers.
My purpose was only to expedite the movement of money for her. As she has great difficulty speaking (stroke) talking on the phone is near impossible. Without time consuming help from someone, she would be unable to make her wishes known.
What we have done is sit for a couple hours each day and write everything down. Oddly, mom can read it clearly...just cannot say the words clearly from off the top of her head. So, she works out what she wants to say by telling me..I enter the words into her 'mini talk"....what words I can get...then we refine it till it says what she wants. Then we go to the bank or broker. Sometimes she will get flustered and still not be able to say it..even reading. But, at least we have it all worked out in advance. And the 'mini talk' will say her words for her if she is stuck. (This device from lingraphica is a great tool!).
My brothers first objection seemed to be that Mom avoided probate to begin with. He didn't like the idea that the court wasn't taking all the financial step..instead I was. Even understanding that mom cannot speak quickly enough to get into the conversation (and people rarely will take the time to wait for her to pull it together), I think he didn't "get" that this was moms money, and avoiding probate was completely legal and made good sense....avoiding the large cost of probate. i guess he believed that probate would have given him some of that money.
Being sued is traumatic; for someone with difficulty speaking, for someone who's old, and for someone being sued by her son, that's a major traumatic event. That would be something to include in responsive pleadings (if he does file suit).