I'm in dire need of help (no snickers at this point) in dealing with a Probate Judge. She believes she's a blond Judge Judy.
I have legal guardianship/conservator for my aunt who has Alzheimer's and is in a first stage (lowest degree) nursing/care home. As conservator, by law, I am allowed 5% of my aunt's finances to take care of her finances. She's been on/off Medicaid already, so we're not speaking about much here.
My aunt also owns a house in Mexico, but the land it sits on is owned by the Mexican Government . WARNING: Do not lease foreign property in a foreign country which doesn't like Americans and build a house on it, especially unprotected from the ocean front, and expect to sell it easily. Oh, and do not buy it with a *long-term affection partner* and forget to have her sign off on it when you split up 20 years before you decide to sell. It will not go well with the Social Security Administration, Probate Court, and the Interal Revenue Service. End of warning.
My Problem
Assistant Probate Judge Linda wants to see me next week. Judge Linda doesn't like the way I do my yearly accounting. However, Judge Linda didn't give me guidlines for the last two years (total time I've been doing this crap).
I asked the main Probate Judge upon my appointment (along with my attorney) exactly how to figure 5% of conservator finances. Like, when the money comes in from the sale? Monthly? Quarterly? Social Security Check? Interest? His only comment was 5% and it's not retroactive." My attorney & I said thank you.
Upon looking on law school website - that's all it said also. Judge Linda says that 5% only applies to the one bank account which I write checks on. Even though I'm accountable for cash in nursing home (Social Security check arrives there), and must tabulate and correct account - Judge Linda says 5% doesn't apply to it. I pay the usa/mexican attorney's fees from the monthly income of the lease. They collect the lease, deposit it in their account, take their fees, and send me the rest - as duely noted on my paperwork. Judge Linda says 5% doesn't apply to full amount of lease before legal fees because legal fees are not deposited in aunt's checking account. I spent two friggin' years getting this lease to sale to go & 5% doesn't even scratch the surface for the time invested - see my warning above.
Does anybody know what are the actual laws/guidelines for this kind of stuff? As soon as I say "Mexico" - all South Carolina professional eyes glaze over and they say "no comprende'" or whatever. When I ask for Probate Law specifics - same respnse. It seems they want the private individual to wing it - then tell them all the damned things they did wrong in retrospect.
Thanks a lot for any advice. I''ve either got to find some valium before meeting Judge Linda or I'm going over her desk and strangle her.
waiting