Legal Question in Elder Law in Massachusetts
Can this be done
my mother owns a condo in flordia and my mother lives in and assisting living now. The condo is in life estate in 3 of the kids names. My brother now has Power of Attorney for my mother. She has enough money to pay her bills. But now he dicided not to pay the condo fees. The condo has no mortage. He does not talk to my brother or I, and has full control of all her money. If he continues not to pay the condo and it goes in forclosure, my guess is he will by it with my mothers money so we don't get anything. What could we do? If he does this, just to get the whole condo money. The condo fee is allittle over 300. And he could bery easily pay it. My mother if her mind was okay would be very upset. Every thing was surpose to be split 3 ways if my mother died.
But the bank is now in his and her name. Also would the will take over when she dies, even if the money is just in the 2 names. He will us my mothers money if it goes in forcloser for him self. Is this frud.
Is it legal. What are my rights.
3 Answers from Attorneys
Re: Can this be done
If what you say is true, your brother may have breached his fiduciary duty to your mother. You need to contact a Florida elder law attorney somewhere near where your mother is living for further guidance.
Re: Can this be done
If the facts are as you state, your brother likely has breached his fiduciary duty to your mother as her agent. It is unclear from your information whether your mom is living in FL or in MA. I would recommend that you contact a probate and/or elder law attorney in the state where she lives. You may have to bring a legal action against your brother.
Please let me know if I can do anything for you. Good luck.
Re: Can this be done
Your brother based on the facts as written is in breach of his fiduciary duty to your mother. I assume she is living in FL, and if that is the case, you should contact a FL probate attorney where she lives or where the condo is.
Good Luck. If she is living in MA then please feel free to contact me.
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