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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33801
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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Same guy with father with Parkinsons. My attorney wants to

Customer Question

Same guy with father with Parkinsons. My attorney wants to file a motion for discovery of my father and sister financial records. At the same time, I think Adult Protective Services in NJ is doing an investigation. I am wondering if I should sit tight,
and wait for the Adult Services to finish, or continue with the motion. The opposing counsel has not filed for dismissal, and it seems that may be preoccupied with Adult Services. The GAL gave his final report, and did not recommend protection even though
my father gifted 800,000 to my sister, and that is over 50% of his estate. Also, the medical evaluator gave a competent report even though he gave over 50% of his estate. I am dumbfounded how someone can give away their estate and still be evaluated as competent.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello again,.I like that idea because it puts the burden on them to come up with a reason why they shouldn't have to do so. If they have nothing to hide, then they have no reason to refuse the request or object to the motion..I don't think your motion would have any effect on what Adult Services is doing and would be attacking on two fronts to see if either way can get some leverage..But once again, parents give away their assets to children all the time. So the fact that he gave half of his estate away wouldn't necessarily reflect on his competency so that shouldn't be the focus. I have had clients who were completely competent who wanted to get everything out of their names and into their children's names so creditors can't come after them or so they can start the 5 year clock on any Medicaid eligibility..So the focus should be on his actual mental and physical state and whether he can care for himself or needs a guardian..But the upside to all of this is that if father is legally competent, he could give you a POA at any time and revoke anything given to sister if he was unhappy with his situation...thanksBarrister

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