My step bro. has POA over my dad’s estate. I’ve taken care of my dad & lived in his home for 12-13 yrs. & paid by my POA bro. $160./ month, cash. I NEVER had a day off, no weekends or holidays. One bro. would visit week days a few hours, while the POA would visit 1-2 a week. But they never helped with any of dad’s care. I recently hurt my back trying to break dad’s fall & ended up in the hospital, (several herniated discs & nerve damage) & eventually rehab, where I’m learning to walk & trying to control my bladder. The POA sent a letter, stating,“you abandoned our father & I had to hire two caregivers. We’ve changed the locks, come & get your belongings, or they’ll be tossed into the trash.” I weigh 105 lb. & am 5’ 2”. I not only cared for dad, but did ALL the house work (windows included), cooked three meals/ day, did all the grocery shopping, yard work, laundry, everything! I did it out of love for dad! A second letter arrived from POA stating, I was given free: rent, satellite TV, phone, gas, electricity & use of a car, all this was already in the home before I began caring for dad. NOTHING was added after my arrival. The 15 y. o. car’s maintenance, tags & insurance, were deducted from the $160./month. Presently two caregivers are doing the job I did, ALONE! The POA stated if I tried to fight him for anything, he’d use MY money to fight me! I’m assuming maybe dad left me a little something in the living trust, but I don’t know. I’m still in rehab & have no place to go. The POA sent me a check for a $5000. & allowed my neighbors to collected my belongings to store them. The POA didn’t state what the check was for, relocation expenses, or what. Do I have a legal right to view the living trust? My dad once mentioned he would leave something for me after his demise.
So although I agree with the very level-headed and pragmatic advice above, that will really help you focus on protecting yourself and your quality of life going forward, I just want to add: your stepbrother? - What an a******!
Don't go after money that the government will take anyway. Maximize the benefits you can get by not having assets.
Not just about what might or might not be in a Living Trust but the fact that you were a "paid caregiver" but apparently taxes were not taken out...does not sound like unemployment was taken out...does not sound like Social Security was take out...and you fell while on the job. Technically you could probably sue for medical expenses, loss of wages as well as any permanent damage. Just like you would sue the driver of the car that hit you.
If your brother wants to "play hard ball" join the game with a hard hitting team.
I never like the idea of a law suit but I think in this case just talking to a lawyer and getting some information would be helpful as to what your rights are.
Another thing. I have called bar associations and have had a bad experience with them. Try your best to get an entire list to work from That's not what the bar associations will give you. Calling them will lead to a lengthy wait, and only one name at a time. I personally found that so exhausting! Invariably the names they gave me led to dead ends and so much hanging on the phone that I wondered if the "system" was designed to get people to give up! Try to get a long list of attorneys from some other source. Actually, this site has listings right on here by state and topic.
Another thing (this probably varies by state as well) but I found that the state legal assistance agencies are weak or nonexistent or just do not help anyone. Or actually, they exist to stall, stall, stall and hope that the people who have been screwed (like us) give up and stop being pests. I am not the only one who had this experience. I usually tell people to go to private attorneys and hope that one will take you on. Yes, it is really like a needle in a haystack.
Try your state rep, too. Their offices sometimes have resources.
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