Legal Question in Criminal Law in Massachusetts

My sis and her boyfriend robbed my mother of over 34 grand! help!

My mother recieved money after her uncle died and shared it with her kids, my sister and her boyfriendmade my mother feel guilty by talking trash and making false accusations about things from her past childhood (which are totally bogus) going so far as to leave messages on my mothers answering machine threatening my mother with court, exposure and public humiliation. My mother relented unbeknownst to me or any other member of the family, and gave the two of them over 34 grand under the ruse that the money was to be a loan (my mother wrote loan on the check(s)) for my sis and her man, buy a home for my mom and themselves to share. The home was purchased (way over what it is worth) and my mother moved in on xmas eve 2003. My mom had been there for less than six months when called to NY to be by my brothers side while battling cancer. She remained by his side up until the night he passed away on Oct. 14, 2004, all the while my whole family excluding my sis and her man where there as well. One significant point that stands out is on the day my brother passed away, my sis called the hospital room to inform my mother that she has been evicted and needed to come pack her things. I am in charge and can't afford a retainer. What do I do?


Asked on 1/21/06, 2:32 pm

1 Answer from Attorneys
George Davis Law Office of T. George Davis, Jr.

Re: My sis and her boyfriend robbed my mother of over 34 grand! help!

Based on what you've stated, unless your mother's name is on the deed, there is probably very little, if anything, your mother can do to stop the eviction. However, to the extent that she can establish that her $34,000 payment to your sister was a loan, she can (and probably should, from the sound of it) attempt to recover that money. The fact that she wrote "loan" on the check would be important evidence to establish that it was a loan. Is there any other evidence that this payment was a loan and not a gift? Is there any written agreement between the two of them about the payment? Any written correspondence discussing the loan? Even if you can't establish that the payment was a loan, there may be other ways to collect the money, depending on the circumstances in which the money was given to your sister. You should consult a lawyer about all of that. If you can't afford a retainer, perhaps you can find an attorney would try to collect the $34,000 on a contingency fee basis. Good luck.

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Answered on 1/21/06, 3:32 pm


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