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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36982
Experience:  30 years in civil, probate, real estate, elder law
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My wife and sister in law are beneficiaries for their 97

Customer Question

my wife and sister in law are beneficiaries for their 97 year old aunt who lives in the Villages in Florida. She lived self-sufficient until a little over a year ago when she broke a hip and hasn't been back to the home since (we don't think so) We are in CT. My wife and sister in law were just asked to sign something so she could sell her house, but it was the first they heard of it being sold, assuming so she can pay for assisted living or whatever. There are a few \"friends\" that seem to be isolating the aunt from my wife and sister in law, taking advantage of the aunt in her old age. We can't even get a number to call her directly. We even found out last yr that they were appraising her house weeks after she broke her hip, taking jewelry and other things, supposedly just to protect her. There are/were a lot of antiques and family heirlooms that they fear are now gone. My wife and sister retained a lawyer a couple years back and caught one \"friend\" in the act, but now different ones seem to be doing the same thing. Any advice as far as what they can do if anything?"
JA: PayPal, Debitcard or credit card are all fine. Because real estate law varies from place to place, can you tell me what state this is in?
Customer: she is in FLA
JA: Has anything been filed or reported?
Customer: my wife and sister filed something when they originally retained a lawyer in 2015, but have been out of the loop lately and frankly are giving up.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, i' realize I'll have to dig up some info from my ffe so it could take a while.
Submitted: 1 month ago.
Category: Legal
Expert:  Ray replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 1 month ago.

Please let me know what your questions are, if you have documents they sent if you can upload be happy to read and comment.

Customer: replied 1 month ago.
question is, what can they do if anything? We aren't in any position to run back and forth the FLA every week or month.
Expert:  Ray replied 1 month ago.

Were they like a life tenant here, I am wondering what they signed, have the signed it , you would not want to sign waiver or anything else if you cannot talk to her.

Expert:  Ray replied 1 month ago.

They certainly can sue here if there has been theft of items or property they had ownership rights in.In this situation there is no one to watch over her property if you are states away.If you can prove things were stolen and who did it you can sue here.

Expert:  Ray replied 1 month ago.

Lawyer referral if they want to sue for the disappearance of assets.

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I appreciate the chance to help you today.Thanks again.

Customer: replied 1 month ago.
Thanks Ray, I got caught up at work here, appreciate the comments
Expert:  Ray replied 1 month ago.

You are so welcome.Take care and talk to you soon.

If you can rate 5 stars it is always much appreciated.

Customer: replied 1 month ago.
Hi Ray, here is the latest scoop. We have a real estate lawyer asking my wife Lynn Blanchard and her sister Lee Foxe to sign over permission to sell their aunt's fully-owned home in the Villages complex (Lady Lake, FL) so she can apparently stay at the convalescent home or whatever. The home was put in Lynn and Lee's name to protect their aunt (Jeanette Green) from someone taking advantage of her which did happen a couple years back and Lynn and Lee had to fly down and get a lawyer to straighten it out after they got calls from her friend "Mary" that another couple were appraising the home, asking Jeanette financial questions, etc and she thought they were going to take advantage. Now this woman named Mary who is her "friend" seems to be doing the same thing. Mary was given power of attorney when Lynn and Lee went down a couple years back because Florida law does not allow non-Florida residents to have power of attorney. The hospital where Jeanette is staying won't allow Lynn or Lee to speak to their aunt, they can only let the power of attorney speak to her and Mary has not been cooperative in even returning Lynn/Lee's phone calls. My wife Lynn asked the real estate attorney where all of Jeanette's belongings are and she didn't know, but did say there is an offer on the home and they want to sell it. There were many family heirlooms/antiques that were worth some serious money and nobody knows anything. The big question is how do Lynn/Lee know that the proceeds from the house sale will go to Jeanette's well-being rather than in someone else's pocket? The Villages is known for these types of people that take advantage of the elderly by befriending them and then emptying their bank accounts. Lynn and Lee realize that getting the heirlooms back probably won't happen as you mentioned, but how can they protect Jeanette from getting her $ stolen from her? In effect, Mary wouldn't care since she gets the $ and Jeanette still gets care through Medicaid, etc, but that is like ripping off the government in my opinion. I'm just telling Lynn and Lee, not to hand over the sale of the house, but not sure what repercussions that could bring for Lynn/Lee. You did leave me a reference to a lawer in FLA but not sure what that can do for them other than cost us money.
Expert:  Ray replied 1 month ago.

Hi and welcome back to JA. Ray here to help you today.

Expert:  Ray replied 1 month ago.

I would tell the lawyer here not just no but heck no.The lawyer is failing to disclose information here.The former owner can file for medicaid.Medicaid has a 5 year lookback for gifts here so you need to look and see how long it was.Honestly it sounds anyway like they are trying to hood wink them, I see no reason to do this , you know the personal property, money and other loot here is probably long gone.But no reason for you to gift the house back to her.Medicaid would take it when she deceases.

A better plan for them here would be to sell the property and divide the proceeds.I am sure that long term this is better for them to use for their future medical needs rather than allowing it to go back to the POA and disappear.

I appreciate the chance to help you today.Thanks again.

Customer: replied 1 month ago.
This is very helpful thanks again Ray!
Expert:  Ray replied 1 month ago.

You are so welcome.

If you can rate 5 stars it is much appreciated.

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