My brother has obtained legal advice and I received a letter telling me that I need to remove my son from her property deed. ((Our mother added her grandson because she wants to leave it to him.)) The letter suggests that I am guilty of elder abuse. (My brother wants the property even though he as never cared for her. It has been myself, my adult daughter, my son, who is now 20 and my grandson, who is 13.) I have a DPOA. But I really don't want to be dragged through court and have to do this to my 93-year-old mother either.
2. Not to be nosy, but I'd really like to know if this demand was in the letter, signed by an attorney? If so, have you checked out the attorney to get insight into his/her background, including whether or not he/she's ever been cited by the state bar?
3. What criteria did the letter establish, and what supporting data was presented for the charge of elder abuse? Is there something else going on in this situation that needs to be aired to assist others in responding?
4. If your brother is going to attempt to force you out of the picture by legal manipulation, you are more likely going to need to retain an attorney, including to avoid being "dragged through court". Fight fire with fire.
5. An attorney experienced in estate litigation can protect you better than you can yourself, as your brother's attorney could very likely institute proceedings to remove you as proxy under a DPOA, and attorneys are better at hostile proceedings than individuals w/o legal training.
6. What are the issues surrounding your brother's living on the property? Is he living in the same house as your mother? Is there a separate building that he occupies? Are there any contracts between your mother and your brother establishing the terms of his living on her property?
More information on why he's living there in the first place could help establish what his goals are and why he's pursuing them in such a hostile manner.
If your brother persists in harassing and threatening you, you might want to ask the attorney who you will need to consider an injunction preventing him from harassing both you, your family, and your mother. A PPO (Personal Protection Order) might be necessary to accomplish this.
You have apparent been put on notice by a "lawyer letter" that your brother is considering taking you to court. You now need not the advice of this Forum but of a good attorney. A POA has a Fiduciary Duty to act only in the best interest of the ELDER. Not in his or her own interest or in the interest of his or her family. So you need advice at once. And indeed, depending on the circumstances, the Grandson's name may need to be removed.
This is a serious legal question. See an attorney. Wish you luck and hope you will update us when this is cleared up.
He can speak to whether the deed is sound.
Whether or not your mother was competent at the time of executing the deed.
Whether or not, you, as his mother, would have a conflict of interest.
And, whether or not there is a will that backs up her wishes for her grandson to inherit the property.
The attorney can write a letter to your brother.
Arguing about an inheritance before your mother passes? Is this merely sabor-rattling? Does brother even have a legal leg to stand on?
Have an attorney review the will.