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I am claiming that he severely abused her, neglected her (our mother), called her foul names daily, stole from her. And of course,he told her lies about me and my children. I learned something interesting during the depo with his lawyers a few days ago. There was a 1975 will that gave us a 50/50 split and it was in force for 28 years. His abuse was apparent by 1998 when he was arrested for threatening that girl. By 2003 with the new terms of the Trust, I was on the way out. And yes he has threatened me with physical harm and also my children with him chasing one out of the house after the funeral, a 911 call and a police response on the record. Therefore, I think I really need to get that police report in and you have given me some hope there.
Thank god my youngest daughter lived with my mother for a few years during a particularly nasty divorce (I was divorcing an attorney who was eventually disgraced and disbarred) and saw most of what was going on, including statements from my brother saying, "We are going to the lawyer's office right now and get this fixed", etc. She actually saw him drive her there many times in addition to calling her foul names on a daily basis. Also a housekeeper saw much including the fact that he would not let us in the house during her later years. I have other witnesses and will try and get more. I hope this will help me.
I have another question and then I will leave you alone until next week when I get paid and can give a nice bonus. Maybe I have been placing too much attention to undue influence and not enough to capacity. I found out during the deposition with the social worker that my mother's condition was much worse just before the creation of the final 2009 Trust that was devastating to me and my kids. At the end of 2008, she had a heart attack and an aneurism and was in a skilled facility. When I came to visit her, she was flat on her back. The death certificate stated part of the reason for her death was too much Plavix. She was also on oxycontin, probably even more drugs. The real social workers at the University of Ca at Sf where she went for a procedure after the Trust stated to me that they did not understand why she had not been placed in a senior facility and recommended it. Get ready for this grossness--they stated they found a "long term genital fungus" on my mother. My question, is it better to go for capacity or undue influence. I have good evidence for both.,
This is interesting, especially when you throw in the oxycontin plus probably more drugs. I guess I will have to subpoena her medical records. The cause of death was listed as heart failure and massive cerebral problems compounded by Plavix use. Thank god the attending physician listed Plavix as "contributing" to her death on the certificate. Maybe we can infer that as her caretaker, my brother did not monitor her med intake. Also, she was in such bad shape that she was in a nursing facility before she created the last Trust. I learned this during the depo that the other side insisted on. And to think that I tried to fight the taking of that depo! I will have more questions next week. Thank you.
Cautions: Bleeding diathesis; May need to discontinue 5-10 days before elective surgical procedure; Patients allergic to aspirin who are undergoing PCI; see American Heart Association (AHA)/American College of Chest Physicians (ACCP)/American College of Cardiology (ACC) recommendation; Rare but potentially fatal thrombotic thrombocytopenic purpura associated with use; Risk of bleeding with potentially fatal outcome; Hepatic or renal impairment; Thienopyridine hypersensitivity; In transient ischemic attack (TIA) or stroke patients at risk for recurrence, combining clopidogrel with aspirin is not more effective but increases major bleeding.
The statement: "too much Plavix," cannot be the cause of death, in my opinion. However, elderly people get infections, which overwhelm their immune system, so just because the death certificate may not correctly identify cause of death, doesn't mean that the true cause is sinister in nature.
Thank you. I will leave you alone for a while. Your answers have been crisp, sympathetic and clear. I will have more questions next week.
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