RE: [tips_and_tricks] I just don’t know
- within the ORDER it says:
The appeal of that order does NOT require LEAVE of court and plaintiff's are
ALREADY entitled to FILE such an APPEAL.
On July 17th the judge denied our Request for Leave to file the Interlocutory Appeal of the Court’s July 11th Order denying of our Motion For Refusal of Notice of Appearance And To Strike All Pleadings
- In order to provide at least the basic information, I will need to
outline the situation. I hope this post qualifies to be posted.
I am one of two children born to my parents. I am 58 and my sister is
55. She has one child, and I have 3. My father died in 1985 and left a
paid for house and about $350,000 cash. My mother was 13 years younger
than my father, and she was 58 when he died. Certain ownership of the
house and some rural property was left to me and my sister except that
my mother was given usifruct of our part as long as she lives (this law
is somewhat unique to Louisiana, I think).
Between 1985 and 2000, my mother worked and lived alone in the house dad
left. About 2000, she had a mild stroke and had to stop working.
During this 15 years, she spent most of the $300,000 dad left her (in
cash) except for about $70,000. Her health continued to deteriorate,
and in late 2001, it was decided that she would sell her house and live
with my sister (who was divorced and single). The house was sold and
all of the proceeds basically went to my sister so that (supposedly) she
would afford to build a big enough house to accommodate her 'things' and
my mother's 'things'. My sister was earning a salary of about $90K at
the time, btw. I requested that my portion of the house be 'earmarked'
in my name so that at some point in the future and after my mother was
passed, if my sister sold the big house she was able to buy by using
part of my inheritance, that I could get it back - my sister refused to
They bought a quite large house in 2002 and paid $350,000 for it. In
2005, my sister sold that house for $460,000 and they moved. Now, my
sister and my mother live in a house worth approximately $700,000
outside of Atlanta and I live in a house worth about $230K and owe $200K
Now, in 2002, we learned that my mother had run up a lot of credit card
bills which she could no longer pay because she couldn't work and would
only be getting social security. We all 3 decided to transfer (donate)
the basically worthless 40 acre piece of rural property to my sister in
case in creditors came against my mother. The verbal agreement among
us, and also made to the family lawyer who handled the donation, was
that my mother would still be boss of the property and for family
purposes, still own it and that my sister would transfer it back to her
on demand by my mother.
Now, my mother is 81 and in very bad health with many problems. She
takes many kinds of medicine, some of it pain medication (she has severe
stenosis in her spine) and mood altering medication. She is under the
total control and care of my sister.
Well, a few months ago, we leased the mineral rights to the 40 acres (I
still technically own 3.3 acres of it, but mama has usifruct of even
that) and we have since learned that there is an excellent chance of
natural gas being drilled for. They have done a seismic survey very
fast, and are planning to drill a well. I have been told that the
nominal income that would come our way if natural gas is hit, is $1000
per month per acre.
Now, my mother has asked my sister to transfer the property back to her
so that she her WILL can apply to it again (if she doesn't own it, she
can't will it). My mother wants half of the property to go to my sister
and her son, and half to me and eventually my children after she is
gone. My sister has adamantly refused to transfer it back. Oh, I left
out one other thing... my sister 'robbed' my mother's mutual fund
(without telling my mother and because mother had given her power of
attorney) and emptied it completely in order to make a down payment on
the big house in Atlanta (that is all in my sister's name). A Louisiana
lawyer told me that my mother could sue my sister under a Louisiana law
called 'ingratitude', and revoke the donation of the property.
BUT, my mother is too 'weak minded' and under the influence of all kinds
of medication to have the willpower to do anything.
My question (hope this isn't too long) is this .... What would it take
to have my mother declared mentally incompetent to make these types of
decisions and for me to be able to sue my sister to have the property
returned to my mother's name? I don't think this can be done, but I
thought I'd ask anyway since it is so important for the future of my 3
children now. My sister will not commit in any way, in writing, that
she will leave anything of the property or income to me and my children.
"Where the people fear the government, you have tyranny; where the government fears the people, you have liberty." - Thomas Jefferson
- Boy, it sounds like my sister and yours must have come from the same mold!
To get your mother declared incompetent is a long process and could back-fire and your sister end up getting total control. First step would be to petition the Court asking for the declaration of incompetence. The Court would then order an evaluation by doctors of their choice. If you start the process and have your mother evaluated by a couple of doctors, the Court may rule based on their evaluations. In any case, the Court should appoint a guardian over your mother's affairs, and that could be how your sister could get control. If she shows the Court that your mother has lived with her, and she has provided adequate care, the Court would most likely appoint her as guardian and then she could make any changes she desired without you having grounds to fight those changes.
-------------- Original message ----------------------
From: Steve <svanos2@...>
> In order to provide at least the basic information, I will need to
> outline the situation. I hope this post qualifies to be posted.
> I am one of two children born to my parents. I am 58 and my sister is
> 55. She has one child, and I have 3. My father died in 1985 and left a
> paid for house and about $350,000 cash. My mother was 13 years younger