point of my question is not my hiring spending more by their gamesmanship & info is: i'm being contiinually inconvenienced purposly, how is it legal for PR's 2 attorneys to act this way? Another example the litigator defese esq. - kept me in depo all day to avoid our sides esq deposing his cleints & the hospice center nursr's & Dr's. The defense litigator demads i give a PC to him in a futrure depos, but that pc is in the er stoage kept away from me.
so then this is normal stategy? I see they are skirting ethical behavior & clearly have not obayed court orders. i m looking more for tactical thinking from you vs what I can do to litigate back v them
putting your other email info together-- I think- tell me if I'm wrong- PR & HIS WIFE ccommited serious crimes- to take advantage of a disbled, old aged on death bed person to steal stuff and be the executor Pr and have PR'S wife sell the house and hide the fact the parking space is worth $30,000, 2 months after death PR & wife seen by 3 doard of Directorse witness stealing bags of money,on the day my cousin died, 2 months before the letter of administration were approved by the court. -----so if we dont proove the PR acted criminally then defense atorneys wont have to give their fees back to the estate, right?
there is no misbehavior by us or the estate or the heirs, we were lied to , and simpy wish for honest administration. But now we hear the PR has parkinsons & his wife is physically iner witness to the wills signatures . othvolved with the cond mainrtence man as being one wirtness of the wills signatures . PR's wifesother friend helped steal stuff pre letter of administration- her husband is the 2nd witnes to wills signatures . . but the legal games persist since March. Plus the will is not made by my deceased cousin's attorneny or himself ( my cousin was a legal contract language translator) . The 1st attorney made the will, the1st esq is said not known how paid -- to draft the will as said in PR's 1st iterrogatories. . That will gives all powers to the PR to fee & pay legal fees,. I am thinking - to proctect himself ie the 1st esq and his friend PR & wife it looks like the 1st attorney hired the litgator for himself and PR's improper acts. right?
I was looking for your speculation , thus why i asked for you thoughts per criminal and unethical acts. Our hired private detective uncovered much.
3 of 5 board of directors saw wife of PR stealing stuff the day my cousin died, & continuing for 2 weeks. PR refused to let me in the condo for 4 months. . The PR's 2 best friends were the witnesses of a will by notary hired by the 1st attorney - days before my completely mentally physically incoherent cousin signed a will pushed by the PR, PR's 1st interrogatory stated he doesn't know how the attorney was paid to perform- drafting the will . But no one but the PR could have paid the 1st attorney , or the 1st esq must have drafted the will without pay or participation from my cousin. Please speculate this is not a question per se i'm looking for experienced theories from you Loren.
I feel it' s both criminal & we are in the civil litigation since march.
The following might give you what the private detective offered via the FL statutes:
Exploitation of an elderly person or disabled adult; penalties.— 825.103
“Exploitation of an elderly person or disabled adult” means: (1)
Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who: (a)
Stands in a position of trust and confidence with the elderly person or disabled adult; or 1.
Has a business relationship with the elderly person or disabled adult; 2.
Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent; or (b)
Breach of a fiduciary duty to an elderly person or disabled adult by the person’s guardian or agent under a power of attorney which results in an unauthorized appropriation, sale, or transfer of property. (c)
If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2)(a)
If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $20,000 or more, but less than $100,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b)
If the funds, assets, or property involved in the exploitation of an elderly person or disabled adult is valued at less than $20,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c).
So Loren what do you think now?
the will was signed 5 days before death, Before becoming the PR he stalked my disabled cousin in the hospital & then in hospice , for 1 1/2 months. Hid my cousin from us the family and more, with atrocious handwriting signatures by my cousin, the hospice nurses do not believe my cousin was capable of understanding the wills intentions. I called the police to find where my cousin was, the PR lied to the condo board members, he saying he was added to an old previous will , but there was no previous will. The now PR from 11/15/12 to 12/26/12 tried to get my cousin sign the will , finally my cousin signed. Depo's of the witnesses have been blocked by procedure by the defense. Now you have parts of the acts, is the law firm liable when the office secretary told me she believed the firm was my attorney too, and then she solicited me to pay her firm to make a Trust for my disabled sister per inheritance $. of will her firm drafted, and is administering such as signing estate checks. but there is no proof firm was hired by my cousin , the fact is the now PR hired the firm , not my cousin.
she is not merely the secretary she is the paralegal, manager , having power of attorney powers to sign mu cousins checks, ans has orchestrated every issue since may. Plus i read in FL bar rules an attorney is obligated for his staffs acts. Therewith tactically; is it best to file my bar complaints now or wait till the case ends? I am not a party in said case, although i was threatened by the litigator , in my 1st depo. due to my dual response answer i believed this or that in multiple ways, but awaiting evidence to support hearsay , I ma prompted to believe for the board of directors of the condo .
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