Legal Question in Wills and Trusts in New Jersey
Child caretaker of parent, but not on deed
Ten years ago my husband and I sold our home to take care of my mother. I was promised to be placed on the deed, but to date she not done it. I pay the utilities and the monthly maintenence and I care for her daily. Her will did state I was to be the sole beneficiary of the house. However, recenctly she has redone the will of which I have no access to. I am afraid I will no longer have a home once she is passed. I believe she may have changed the will and made my brother the beneficiary of it. Do I have any rights to stay in the home I have lived in for 10 years?
2 Answers from Attorneys
Re: Child caretaker of parent, but not on deed
You do not say what may have prompted your mother to change things, and/or if your brother had anything to do with this. This may cause litigation between you and your brother after Mom passes. Also, you do not say what is her current mental condition and/or what it was when she changed the Will. If she was incapacitated at the time, the Will could be challenged, and her prior Will would be reinstated. I suggest paying all bills for Mom that you pay, by check, and keep track of everything you have advanced, from day one, so you can put in a claim for repayment later on, if you need to. You are in a difficlut position, one that is not unusual though, and unless you want to have a confrontation with Mom over this now, you must protect yourself. Be mindful that if your suspicions are correct, claims may also be made against you for "rent" to Mom. I think you may need an attorney to review this entire situation now. This is a reply to an Internet question and the response is not intended to be legal advice or as creating an attorney-client relationship.
Re: Child caretaker of parent, but not on deed
I have read what the other attorneys wrote, and he is absolutely correct.
You have a big problem. Mom could indeed leave the house to your brother and cut you out. Why would she do that? This mess is serious, can cause you huge problems, and should definitely be looked at NOW, before your Mom passes on. You should sit down with an attorney, review all of what is going on, and get some advice.
Call if you like; I never charge for a first phone call.
You can then decide how you would like to proceed.
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