Out of the blue my sister has demanded my mom's car that my son has been driving with my mother's permission for 2 years. My sister and I both are POA of mom's affairs. Why she suddenly thinks she is entitled is beyond me. She lives out of state and does virtually nothing to help while my son lived with my mom for a period of time to help care for her, now lives with us and I handle all of her finances, trips to the dr, etc. Thoughts? Advice? Can I stop her? I should also state that at this stage, mom is suffering from dementia.
She was convinced I was "taking advantage" when I pointed out to her that when I stayed with her 24/7 when she she became nearly helpless from a strained back and neck (unless relieved by my husband) for 8 days, that she would have had to pay a caregiver at least $2000. She was furious when I brought that up. To her mind, I still "owe" her for the car, while in my mind I have more than "earned" that $3000 the car was worth when I got it (over a year ago now).
(I am not being her personal care attendant again, because it was such a miserable experience for me. Next time my brothers can take turns with me --and I will be the last in the rotation-- or she can hire an agency).
The one brother who does nothing for my mother (all are out of state), whined to me that he wished someone would give HIM a car (when he totaled his in an accident). I quickly replied that he could HAVE the car if our mother would live near HIM and HE could do all the driving for her.
I think he also whined to our mother, which is one reason she thinks I was given such a great gift. This is the same brother who lived with our parents until he was 29 and they moved here. I doubt they charged him rent, and this was in the pricey NYC suburbs. This is also the brother who didn't bother to come visit my parents for FIVE years (they could no longer travel that far) over a decade ago.
I am not well versed in the rules & regs regarding whether the car can be considered “gifting”, but what kind of Aunt would be ok with taking back her nephew’s car?
I realize the car is in mom’s name and am sure you have assured your son has enough insurance on it so he can drive it without fear of not being covered in case of an emergency/accident.
Your sister is being rude and perhaps alittle spiteful.
Since you saw the car is older with a low Blue Book value, I would ignore her demands & handle the conversation using the suggestions mentioned above in this thread.
It’s just a grandmother allowing her grandson to drive her car as she can’t drive it anymore.
Or find out what the Kelley Blue Book value is and deduct it from any inheritance you may receive via your mom’s estate when she passes away.
I would tell your sister that no, she can’t have it and ask why she feels that she should get it in the first place.
Too bad & tough luck for your sister. We can’t always get what we want. You and your son paid for the car’s maintenance over those 3 years as well.
Maybe it would be easier if mom sold the car to your son for $1 or something. Again I am no legal nor financial expert but she is making a mountain out of a molehill.
Good luck!
I saw siblings fuss over my FIL Camry. It was probably of less than $2000 value. A BIL wrecked it and that was that. FIL had an estate that could have been hit hard if BIL has hit a person inclined to sue. But cars carry a lot of emotion and sad to say some don't want the car so much as they want someone else not to have it. Good that you are checking with your attorney.
Mother is used to her car.
Her car is still being used to transport her.
No one is entitled to help themselves to mother's property.
Sister can keep her sticky mitts off.
If she really wants the dam' car she can have it when mother's finished with it, and not before.
What the heck did your brother think he was doing? What's he got to say for himself?
Your siblings appear to be behaving as though your mother has already passed away. It must turn your stomach. Even vultures have better manners than that. This must be awful for you - I bet you don't feel right about it!
But, do you agree that in due course selling up and using the proceeds for mother's care is the right way to go; and they're just being a bit quick off the mark? Or are you concerned that they are, effectively, engaging in financial abuse by asset-stripping? Or, to be blunter, theft.
I think you'd best get legal advice.* Keep it private for now. It could be that sister and brother, independently of you, have suddenly got themselves into a race to the bottom and it's led her astray. Steady the Buffs! - don't get sucked into conflict if it could be avoided.
*Preferably from the attorney who handled your joint POA.
If - I can't see how, mind, but IF - her reasons are directly relevant to your mother's welfare - ??? - then you should consider agreeing. Otherwise, since you *are* already using the car in connection with your mother's needs, Sister can do one. But try to find out what's put a burr in her bustle about this, keep your sense of humour about you, and with luck you can defuse the situation.
Might be easiest of all just to buy it from your mother, mightn't it? By the time you've got a market price from a reputable dealer and costed in deductions for repairs and maintenance, it's only going to be a nominal figure.
And for heaven's sake leave your mother out of it as far as you can. While I agree that she may still be perfectly able to know where she wants her car garaged, and if she's fond of her car and is used to the fit and feel of its seats then you really don't want it going elsewhere anyway, you mustn't get her involved in conflict if you can help it.
Sell the car and put the money towards your mothers needs.
Or
Starting using the car exclusively for your mothers needs ie trips to the doctors and shopping for the supplies and personal items your mother needs.
You could still have a long road in front of you as far as looking after your mother s care is concerned. I’m sure this journey will be much easier with your sister playing on the same team.
If there is a way to prove that your son is using his Grandmother's car that in some way benifits her life, then he probably shouldn't be driving it either, but that is your battle to prove.
IMO, it's a silly battle, and could cause some long standing ill will on your relationship with your sister, so is it worth it? A 1300 dollar car?
Not in my opinion.
But, if dementia is preventing her from really making decisions, then, I'd rely on the document that gives you authority as her POA/fiduciary. I'd likely consult with an attorney to make sure that I was on sound legal footing in making my decision, but, what about your son driving the car now benefits your mother? Does he drive her to doctor appointments on the car? Does he get her groceries, take her on drives, run her errands, etc? And how would your sister using the car benefit your mom? I'd address this and then decide how to proceed.
Regardless, I wouldn't let a $1300. used car ruin my relationship with my sister. Life is too short.
I would ask the attorney about selling the car at fair market value and using the money for mother's use, if she no longer needs the car. Would your son want to buy it?