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Thank you! I must fill you in first. In march 2008 my Mom gave my wife and I a credit card to use if we needed it. She stated she and Dad talked about it. My wife said we would make papyement as we could, Mom said don't worry about it you do so much for us. We have used it and made payment in addtion to Mom's payments. My sister founf out about us have the credit card and because she is hurting for money went to the bank and told them we were useing the card illeagly. Than she (sister) said the bank was going to file charges against us. We said we are still making payments but this did not please her. She Closed the acout and had the account number changed as this months payment was returned. She faxed a Promisary nte over for us to sign to pay her the money. The form was from rockettlawyer.com and not made out correctly. What should we do. My sister is living with Mom and is taking care of her she is 92. Help Thank you We are on SS our selves.
State/Country relating to Question: Florida Already Tried: Talking to my sister but she can be "perswasive in get Mom to say what she wants as Mom is afraid of her. I was going to go to the bank in our town but they live in a another county and with the same bank. We are Lost and I will pay more if I have to.
Does your sister have a Power of Attorney (POA) over your mother?
Mom said no but she would lign anything Lin would give her we are unsure.
Then if she does not have a POA, she has no right to close out an account that was made out to you by Mom. Additionally, she has no right to demand that you pay HER a promissory note--at most you would have to pay the money back to Mom & Dad, but your sister is not entitled to a penny of the proceeds. Should she contact you again, tell her that she is acting in a fraudulent manner, and quite possibly asserting undue influence and duress over Mom. Explain that if she tries to assign Mom's debt over to her, of which she has no right, regardless of her own financial situation, you will contact the police and a local elder abuse hot-line, accuse her of Fraud, duress, undue influence, and elder abuse, for which there seem to be a fair amount of evidence. Sincerely, Dimitry Alexander Kaplun, Esq.
Attorney
JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin