What to do if I am the daughter of an elderly mother who has been deemed incompetent?

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What to do if I am the daughter of an elderly mother who has been deemed incompetent?

When her husband died, house was automatically transferred to her name. However, because she has been deemed incompetent, she cannot write out a Will. I understand that the house must go into probate; it is valued at about $115,000. There are 3 surviving children. I further understand that it would most likely be split among the 3 children. The question I have is as follows: First, as I have been her caretaker for the past 6 years or so, I have been living in the house, and as such, have put a lot of money into it. Second, I have spent a significant amount of my own money taking care of her. Will I be able to recoup any of this in probate?

Asked on May 12, 2013 under Estate Planning, Florida

Answers:

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 9 years ago | Contributor

Hello. I am sorry to learn of the stressors you are facing. You truly need attorney assistance right now. You  should confer privately with an attorney who can help you to protect yourself and your interests, including but not limited to your financial interests.

Some attorneys, myself included, will confer for free, at no charge. Then, if legal work is performed, some attorneys, myself included, will provide a reduced fee for need. All the best 


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