Legal Question in Civil Litigation in New Jersey

About a year ago my mother had about 15K in savings that she refused to keep in her own name because she could not have a certain amount of money attached to her name or she would not qualify for SS or Medicare/Medicaid. She had the money in her boyfriends name. A year ago she had to move in with me and she had her boyfriend take her money and make a cashiers check out to me for the full amount, so the money would stay out of my mothers name. Over the course of the year she would ask for money from her account and I would make ATM withdrawls for her. Now at the end of the year she has only a few thousand dollars and she is claiming she should have thousands left and is denying any of the times I pulled money out for her via ATM. She is threatening to sue me for the thousands she claims she should have. Is this even possible since the money never legally came from her in the first place? And if it is possible how could I ever prove ATM withdrawls went to her?


Asked on 12/21/10, 5:59 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

You may have "in pari delecto" or "unclean hands" defense among other defenses. You, your mother and her boyfriend all participated in committing fraud in order to obtain government benefits.

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Answered on 12/30/10, 5:24 am


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