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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 18383
Experience:  B.A.; M.B.A.; J.D.
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To whom it may concern We are chidren of a Citizen of the

Customer Question

To whom it may concern
We are chidren of a Citizen of the USA.
We live in Sydney, Australia.
Our mother is 86 years old who up until 2012 lived in Palm Beach, Florida has severe dementia and is now living in Israel with our brother who has been appointed as her legal financial guardian in Israel.
The remaining sibling (our sister) is a resident in Palm Beach , Florida USA.
We are having on going litigation with her to protect our Mother's assets in Israel, South Africa and now the USA.
We are not able to obtain any information from the sibling in the USA, Palm Beach regarding our mother's assets as she claims that our mother gave her Power of Attorney to all her assets. Even on our mothers request to her for the information this has not been provided.
We also discovered that our Mother's apartment in West Palm Beach was transferred to our sibling in the USA without the other childrens knowledge or consent and probably forced our Mother to transfer the property to her in 2002.
The Notary who signed the documents and we believe other documents including Powers of attorney, has recently been sentenced to prison for Fraud of funds from our sibling's husband's medical practice in Florida USA.
We know our Mother had bank accounts at various banks in the Florida whom our Israeli lawyer wrote to-unfortunately the response from the Bank was we need to get the guardianship judgement from Israel recognised in Florida before they will disclose information. As you would appreciate we are mindful of racking up costs in the USA.
We have considered approaching the Seniors legal aid groups in Florida, but would appreciate your view in this regard.
Our strategy initially would be to issue demands on our sibling in Palm Beach USA to deliver up records and information in the first instance. We have all the details ready to go and wondered whether this is a matter you would consider and advise what sort of costs we would be facing?
Regards
Anne
Submitted: 1 year ago.
Category: Estate Law
Expert:  Phillips Esq. replied 1 year ago.

Hello Anne:

This site does not offer legal representation. So, I cannot represent you in the matter. However, I can offer you general legal information

If your sibling has violated her fiduciary duty to act in the best interest of your mother and your mother is no longer in a position to revoke the Power of Attorney given to your sibling, then the prudent thing to do would be to file lawsuit in Florida on behalf of your mother to remove her as the fiduciary--to revoke the Power of Attorney since your mother cannot do this for herself due to her illness. However, you must be your mother's legal Guardian in order to file the lawsuit. So, you have to first domesticate/register any foreign legal Guardianship in Florida in order to have legal capacity to file the lawsuit. However, since litigation is not cheap, you would start by formally requesting information regarding your mother's estate from her. If she refuses, then you would need to retain a local Florida Attorney to file lawsuit against her to compel her to release the documents, and to remove her as the fiduciary.

Each Attorney sets his or her fees based on scope of services. So, you would need to get information regarding fees from the Attorneys that you are considering to retain. It is prudent to contact at least three Attorneys to see which one would be a better match for you before making a decision. Interview at least three Attorneys and/or review their web sites to see which one will be a better match for you. You want to look for someone who is not too busy to handle your case; someone who will return your phone calls in a timely manner, and someone who will give you prompt updates on your case.

You can use the following sites to find local Attorneys who handle estate litigation:

Lawyers.com

Justia.com

Findlaw.com

You can also file complaint against her with Florida Department of Elder Affairs for financial abuse. Click on the link below for contact information:

http://elderaffairs.state.fl.us/doea/elderabuseprevention/Financial%20Exploitation_English_web.pdf

Best wishes,

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