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Old 01-19-2008, 12:20 PM   #1
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Default Legal Question....

Can a sibling sue another sibling for caring for their mother. We live in the state of Louisiana.
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Old 01-19-2008, 01:54 PM   #2
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Anyone can sue anyone for anything - whether it is true or not. The person with the best lawyer wins.

I am sorry if I sound cynical, but that is the sad state of our society today....
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Old 01-19-2008, 02:14 PM   #3
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Clarify some..people can get suit happy but there has to be grounds. What exactly is the suit about? I can ask one or more of the attys at work. If the suit is about say one sibling feeling that they shouldered the work and financial aspect of a parents care then I dont' think so.
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Old 01-19-2008, 02:31 PM   #4
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Quote:
Originally Posted by chattiesmom View Post
Anyone can sue anyone for anything - whether it is true or not. The person with the best lawyer wins.

I am sorry if I sound cynical, but that is the sad state of our society today....
Those were my thoughts exactly.

If one does this, they best be prepared for the consequences.
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Old 01-19-2008, 02:53 PM   #5
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Is the reasoning financial, mis-treatment, is your mother living with them? It all really depends if there is anything substantial to build a case on.
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Old 01-19-2008, 03:50 PM   #6
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Ok let me explain a little.......My mother is a daughter of 6 sister and 1 brother (8 in all) and in 2006 my grandmother died (my grandfather died a few years before her) Anyway it was all understood that when my grandmother would pass that the money was suppose to be split evenly between her 8 kids. Most of the money was under my uncle because he was the only boy and in my honest opinion (and even the family would say so to) he was my grandmother's favorite and another small amount was under the youngest. Ok so when my grandmother passed after a short period my aunt (the youngest) called a meeting and distributed what was in the bank account showing statements and everything and handing out everyone's share. Well my uncle at the time gave some reason on why he was going to distibute the money at a later time but I can't remember....Anyway as time passed and passed AND PASSED The 7 girls was waiting for their share of the money that was rightfully theirs.......So one day he took it amongs his self to KEEP ALL THE MONEY So the 7 daughters got a lawyer to sue to get their share and he got a lawyer as well and he has gone to the point where he was sueing one of his sister's individually So he is saying that my grandmother said that he can keep all the money before she had died but no one knows if that is true. My grandmother made no living will and the only thing she could do was count money she could not read or write. Can he get away with this?? His name was the only one on the accounts though but if everyone would of known that my uncle was going to be a jack*ss they would of made sure their names would of been on it too and NOW this!! He is trying to sue again because he is saying that he took care of my grandmother for 3 years but we are a VERY VERY CLOSE family and all sisters (well besides one or two) all did there part by taken turns on the weekends and get my grandmother since she couldn't stay at home along since my grandfather had died but the only reason why she was living with my uncle was a few years was because he was single he didn't have anyone and most of the other girls had husbands (and you know how they can be) but she did stay with one of my aunts and her husband for 2 years and she lived with my mother and dad for 6 months...but even when she was living with someon all the siblings would take turns on the weekends to go pick up my grandmother just to give that sibling a break or alone time which most of them didn't mind because that was THEIR MOTHER for pete's sake....but now its a whole ball of fire with lawsuits in the air....Sorry to rant off PLEASE COMMENT ON THIS!!!!
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Old 01-19-2008, 04:01 PM   #7
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Was there a written will establishing who got what? (That is different from a living will, probably drawn up by an attorney). If not, State law would dictate how the estate would be distributed, and that would be under the control of a Judge. Yes, someone can contest a will and family members can sue about such issues. You should trust the Judge, but if you don't think his/her ruling is fair, then appeal. You might want to get your own attorney to protect your interests (money and otherwise).
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Old 01-19-2008, 04:13 PM   #8
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I am a paralegal so I can help you a bit. Louisiana law is different than the law in all the other states because it is based on French law, not English Common law. You need to consult an attorney in your state that specializes in wills, trusts and estates to find out the specific laws.

Generally, though, since your grandmother died without a will, her estate would have to be divided under the intestate statutes in your state. Louisiana basically creates a will for her since she did not have one. There is a formula for how her estate should be divided between all her surviving heirs that has to be followed. Your uncle can't just decide where all the money should go and/or keep it all for himself.

That's why it is so important to have a will even if you don't have that much property to distribute. Your grandmother may have assumed her wishes to have the money evenly divided would be carried out, but obviously they weren't. Now everyone has to hire lawyers and fight it out. By the time you all get finished paying legal fees, who knows if there will be any money left to fight over.
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Old 01-19-2008, 04:23 PM   #9
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Sounds like a real jackass...people need to realize that money doesn't make you rich. Family and friends are what does it for you. Seeing as they passed I presume that the money and property has to be in probate and should be distributed evenly. Amazing how easily and freely the sister shared the money.

I will check because I think we have an office in Louisiana. If we do I can have someone answer that question for you.
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Old 01-19-2008, 04:38 PM   #10
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when there is no will left, typically the property, assets and ect are divided equally among the living decendents.
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Old 01-19-2008, 04:40 PM   #11
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You want to know the cheap way to get advice like this? You local 911 center, find out there non emergency line and they can have an officer give you a call.
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Old 01-19-2008, 06:11 PM   #12
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I looked up the law of succession in Louisiana. Normally everything would first go to the surviving spouse, but since your grandfather is also dead, here is the order of heirs who would "take" when there is no will:

1. Descendants.
2. Parents.
3. Siblings.
4. Siblings' descendants.
5. Ascendants, starting with decedent's grandparents, in the nearest degree of kinship to the decedent.
6. Collateral relatives, in the nearest degree of kinship to the decedent.

You can read more about it here:

http://www.finance.cch.com/pops/c50s10d190_LA.asp
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Old 01-19-2008, 06:31 PM   #13
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Thanks for the comments you guys but does this all stand up if the money is under my uncle and my grandma soley.....Like can't he make up a lie (which he is doing) and say that this was his money that his mom gave this money to him after all it was just his name and my grandma's on the acct. OR are they entitled to something since her name was on the acct.

My personally view is that maybe a judge may look at it and at worse case senario since her name is on the account the 7 girls will get half of what is in the acct. to divide amongs themselves.
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Old 01-19-2008, 06:45 PM   #14
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I would think there would have to be a paper trail that shows how the money got from her account to his.
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Old 01-19-2008, 07:00 PM   #15
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Technically, all the sisters and the brother should have divided the money equally, but since your uncle and grandmother had joint accounts, it gets more complicated. The court would have to determine whose money was in the account, for example, was it 50/50 between your uncle and his mother or was it all her money, but he had power of attorney to dispense her funds because of her age, etc.

I'm sure that's why everyone has lawyers who are trying to figure it out.

Is it a lot of money they are fighting about? I'm sure your grandmother would be very unhappy if she knew that the lawyers were going to end up with most of it.

It's so important to have a will to avoid this sort of mess. It happens all too often and can so easily be avoided.
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