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@ $200/hour I expect correct execution
Henry0Reilly
Member Posts: 10,878 ✭✭✭
Short version: my lawyer didn't follow my written directions.
As POA for my father, my dad's wife refused to seek the best care for his last few months, manipulated his finances to her own advantage, and tried to steal the house he had left to us kids in his will.
The law says family members of someone whose finances are being handled by a POA can ask for an accounting of how that is being done.
I did that, repeatedly, via certified mail. I finally petitioned the court to order the accounting and had to hire a lawyer (I tried to do it on my own). She still failed to comply and we asked the judge to find her in contempt of court.
The documents finally provided were in electronic format and scanned randomly, some sideways some upside down. I subpenoed originals and had to pay $75 for printing to the investment company.
There is a very significant discrepancy in the finances that I thought would show up in the paperwork, it didn't.
I told my attorney to tell her attorney I would drop the matter in return for all my expenses in the matter and I listed them, including in the list "$x from your office thus far". A month later I get a call that there's a check and release for me at my attorney's office.
The check didn't even cover all my attorney fees, let alone court costs and other items and the release was for "any and all claims known or unknown" not just the accounting issue.
My lawyer wants to meet in person to discuss it. I really don't understand how his office dropped the ball on the amount.
As POA for my father, my dad's wife refused to seek the best care for his last few months, manipulated his finances to her own advantage, and tried to steal the house he had left to us kids in his will.
The law says family members of someone whose finances are being handled by a POA can ask for an accounting of how that is being done.
I did that, repeatedly, via certified mail. I finally petitioned the court to order the accounting and had to hire a lawyer (I tried to do it on my own). She still failed to comply and we asked the judge to find her in contempt of court.
The documents finally provided were in electronic format and scanned randomly, some sideways some upside down. I subpenoed originals and had to pay $75 for printing to the investment company.
There is a very significant discrepancy in the finances that I thought would show up in the paperwork, it didn't.
I told my attorney to tell her attorney I would drop the matter in return for all my expenses in the matter and I listed them, including in the list "$x from your office thus far". A month later I get a call that there's a check and release for me at my attorney's office.
The check didn't even cover all my attorney fees, let alone court costs and other items and the release was for "any and all claims known or unknown" not just the accounting issue.
My lawyer wants to meet in person to discuss it. I really don't understand how his office dropped the ball on the amount.
I used to recruit for the NRA until they sold us down the river (again!) in Heller v. DC. See my auctions (if any) under username henryreilly
Comments
The executor of the estate ....
This disagreement started long before Dad passed away. I was trying to insist that she get him good quality care, I knew he had the money to pay for it. She put him in home where people go to die.
The only thing he left us in the will was the house that he owned before they met. I found out, quite by accident, that she had used the POA to transfer it to herself and planned to sell it.
MY DIVORCED SISTER WITH HER DAUGHTER IS LIKE THAT,,,MONEY AND STUFF AS LONG AS IT'S MINE, ALL FOR ME,,,
DON'T AND HAVEN'T SPOKE TO HER IN YEARS.. DON'T PLAN ON EVER DOING THAT OR EVEN SHOWING UP FOR HER FUNERAL...
SOUNDS LIKE YOUR DAD'S WIFE, IS A REAL PIECE OF WORK. GET DONE WITH HER, THE BUSINESS AT HAND,,, A.S.A.P. AND DON'T LOOK BACK !!!
MY DIVORCED SISTER WITH HER DAUGHTER IS LIKE THAT,,,MONEY AND STUFF AS LONG AS IT'S MINE, ALL FOR ME,,,
DON'T AND HAVEN'T SPOKE TO HER IN YEARS.. DON'T PLAN ON EVER DOING THAT OR EVEN SHOWING UP FOR HER FUNERAL...
Ouch! My ears...
She would need a very and I mean very good reason to transfer. And it better not be for her benefit.
She was trying to defraud Medicaid by hiding his assets.
My guess is also that nobody is going to pay you back for court costs that you caused to occur, nor document fees from a third party which you requested.
I'll grant the document fees might not fly, but she had more than 2 years and 3 formal requests to provide the accounting and failed to do so. Indiana Code clearly says she can be held responsible for the costs of going to court to force compliance.
quote:Originally posted by select-fire
She would need a very and I mean very good reason to transfer. And it better not be for her benefit.
She was trying to defraud Medicaid by hiding his assets.
There is a time frame for life estates so medicaid cannot come after the home. I would speak with the attorney. Is this his wife?
My father has spent alot of money and time over the years to have experts organize and set up their assets etc for even distribution, so hopefully this kind of mess will be avoided when it's my families time to deal with it. Five brothers and sisters, ought to be interesting....
If that means giving it all to some other sibling, so be it. I refuse to fight over the earthy possessions of a loved one; let the unworthy face their justice when appearing before God.
HOPEFULLY, YOU WON'T/DON'T NOR WILL YOU EVER HAVE TO DEAL WITH A FAMILY MEMBER OR ACQUAINTANCE WHO ENDS UP WITH THE "EVERYTHING THAT IS THEIRS BELONGS TO ME" ATTITUDE, "I'M DOING WHAT'S BEST FOR THEM" ???.
BLINDED BY GREED DOES BIZARRE THINGS TO THOSE KINDS OF PEOPLE, HOPE MY SISTER ON HER DEATHBED, WONDERS WHY I'M NOT THERE BESIDE HER !!
HEARD MANY STORIES FROM MY MOM AND OTHER FAMILY MEMBERS ABOUT MY FATHER HAVING A WRITTEN WILL , BUT I NEVER SAW IT, JUST BLAH, BLAH, BLAH, ABOUT IT.
MY MOM STARTED LOSING SOME OF HER MENTAL/PHYSICAL FACILITIES AND SPENT SOME TIME IN THE MEDICAL REHAB PLACE, AND WHILE THERE MY SISTER PAID A DOCTOR TO STATE IN WRITING MOM WAS OF SOUND MIND AND BODY AND THE THE NEXT THING I KNOW ALL OF EVERYTHING, NOW IS IN MY SISTERS POSSESSION AND NAME. ALL SIGNED AWAY TO MY SISTER BY MY MOM, TRICKED INTO SIGNING PAPERS, SAYING IT WAS SOMETHING ELSE, I THINK...
I WAS OUT OF THE COUNTRY WHEN ALL OF THIS TOOK PLACE. POS SISTER...
I have seen it many times....normally law abiding siblings, in their late fifties, never been in trouble for anything in their lives in a knock down drag out fight on the front lawn. because the sister "stole" all the mother's jewelry and the brother wanted his half. All the years of anger and resentful comes to the surface and it gets ugly. I felt really bad for the guy when I took him to jail, just lost control of his emotions.
Advise, don't get mad get even.
Never ceases to amaze me what people will do for money.
When my grandparents and father passed, I got all that I wanted.
Memories.
Watching some of the extended family ransack the grandparents' house for trinkets, and then come after some of the things they left behind that were taken by others while cleaning the house for sale, just turned my stomach.
Memories are the greatest inheritance. You can forget the bad ones and focus on the good ones.
Brad Steele