In spite of being advised to stay away from this case I took it and we won!
I took the case on the standard flat fee basis, knowing that the presumption of law was against us and that it would take an enormous amount of work to prove that Jr. had a legal right to transfer the property into his name.
Over the next eighteen (18) months we unraveled forty (40) years of joint accounts, justified the property transfers, and account for just about every medical expense Jr. paid on behalf of his mother; which was equivalent to 80% of her share of their second home. Additionally, for the Manhattan cooperative, we were able to prove that, as the caretaker child of a disabled parent, Jr. had the unequivocal right to remain in the apartment.
By the time we were done with negotiations, the nursing home bill was $250,000 but Medicaid was approved retroactively. Jr. only needed to come up with a mere fraction of this amount. We saved the client almost three million dollars ($3,000,000). The attorney who told me not to take it stated “I guess miracles do happen!”