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John Legal
John Legal, Attorney
Category: Legal
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Experience:  Over 15 years legal experience.
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I filed with the adult protective services concerning my father

Customer Question

I filed with the adult protective services concerning my father who was suffering terminal demensia. I spoke to a care representative who agreed that it looked like there was both financial and verbal manipulation from my 2 sisters. My father died the same day that I spoke with a representative who agreed to investigate. Now that my father has died, can the agency still investigate or must I file with another service? This concerns my fathers estate and trust fund. Thank you for any information.
Submitted: 4 years ago.
Category: Legal
Expert:  John Legal replied 4 years ago.

Thanks for asking Just Answer:

 

Adult protective services only has jurisdiction if your dad is still alive. They cannot investigate an\ything other an abuse or exploitation that is actively occuring. I would suggest calling both local law enforcement. I would also suggest speaking with the probate court. If there is a probate proceeding for your father's estate then you can file a motion to have the sister executor removed. Your grounds are for conflict of interest and prior exploitation.

 

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Customer: replied 4 years ago.

The most recent will cannot be found. The prior will was dated 1997. My father filled this will in Washington state, then lived in Arizona and died in Texas. My sisters are giving me no information...how do I find out the probate court?

Expert:  John Legal replied 4 years ago.

The probate court will be the county in which he died. The information there will be public record. You should be able to get information from the court just by asking.

 

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John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience: Over 15 years legal experience.
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Customer: replied 4 years ago.

Thank you Mr.Wills for your previous answers. My oldest sister asked my father for a loan of $60,000 approximately 3 years ago, and my father gave it to her, yet was very concerned this past may '09 that she had not paid it back, and my sister, angry that I had found out, told me it was a financial investment, will the court be able to go back and determine if it was handled legally and if she is responsible? He also made her co-trustee on his trust fund account about the same time...and when she and my younger sister went to his Tucson home to retrieve his items in october, after he was moved into assisted living, she drove off with his mercedes car, which I believe is part of the estate, and she didn't purchase, will the probate court be able to help me bring them to justice?

Thank you for answering these questions.

Expert:  John Legal replied 4 years ago.

The statutes of limitations for the loan will be 3 years if this is North Carolina. If the statute of limitations has run there is nothing that can be done.

 

As far as trustee, the probate court will have nothing to do with the administration of a trust. If your father is competent and chooses then he can and should remove your sister as trustee now. You may be able to petition for her removal later but your father can do it now with no court involvement.

 

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