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My Father was the victim of abuse, financial(oldest daughter…

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My Father was the victim...
My Father was the victim of abuse, financial(oldest daughter using my Father's credit card to fund her friends car insurance, cable bill, amazon account, paying for there gas, food, wireless service, home improvement materials, putting a new engine in an old truck her friends had and even giving my Fathers car to them, physical(having his prescription medication withheld from him for over a year until we could get the police out there with us to rescue him), possible sexual(oldest daughter sleeping in the same bed as my Father although he had a 5 bedroom home), emotional(screaming, swearing, threatening that he would be in a home "if it weren't for her", not letting him talk on the phone unless he had a script that she prewrote and she would always, no exception, be on the other line. I had contacted Social Services in Fond du Lac, WI. for the first time January 1, 2011 and it took my brother and myself until March 27, 2012 to finally rescue my Father from his living hell. My Father past away in 2013, before and since that time we have been maliciously and frivolously taken to court over 12 times by my Father's abuser, now she is wanting "her share" and the court is disregarding the trust my Father had set up and forcing us to pay his abuser outright instead of the irrevocable trust that was worded in the trust documents while the court continually refers to my Father's abuser as "the poor young lady". This is only the tip of the iceberg of this nightmare and it doesn't seem to be ending anytime soon, can anyone give me some advice of the best path to take?
Submitted: 3 years ago.Category: Estate Law
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5/29/2015
Estate Lawyer: Attorney2020, Attorney replied 3 years ago
Attorney2020
Attorney2020, Attorney
Category: Estate Law
Satisfied Customers: 2,580
Experience: Estate planning and wealth preservation attorney.
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Estate Lawyer: Attorney2020, Attorney replied 3 years ago
Please rate my answer. Otherwise I will receive no credit for my time and efforts. Thank you for your cooperation.
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Customer reply replied 3 years ago
Yes, we have and he is troubled to say the least about the circuit court judge who is ignoring not only the evidence that we have submitted of abuse but the trust that was set up and also state statutes.
Customer reply replied 3 years ago
We are contemplating filing criminal charges.
Estate Lawyer: Attorney2020, Attorney replied 3 years ago
I understand.
Please rate my answer. Otherwise I will receive no credit for my time and efforts. Thank you for your cooperation.
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Customer reply replied 3 years ago
I'm sorry, I don't see your answer.
Estate Lawyer: Dimitry Esquire, Attorney replied 3 years ago
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41,221
Experience: JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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Customer reply replied 3 years ago
Yes.
Estate Lawyer: Dimitry Esquire, Attorney replied 3 years ago
Hi,
I have reviewed your facts. At this point I would like to know what if anything you have attempted to accomplish. Please advise!
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Customer reply replied 3 years ago
We have been doing everything we could from before my Father passed including my Father himself drafting a Trust with an irrevocable trust included which is being completely ignored by the judge, calling social services, rescuing my Father from his abuser with the help of the Fond du Lac County Sheriff's office, getting a guardianship for my Father, which was contested by his abuser. We have been liquidating my Father's estate since his death which has included lake property, farm land and the family home but the judge is berating us, apparently we are not doing it fast enough and he said my Fathers abuser wants "her share". We have wanted to press criminal charges since the beginning but Fond du Lac County is apparently not that interested in "water under the bridge" which is one of the egregious things the judge said about my Father's abuse. The trust is still open. My Father's abuser is a serial litigator and has taken our whole family to court over 14 times and will continue to do so especially since the judge is funding her war chest.
Estate Lawyer: Dimitry Esquire, Attorney replied 3 years ago
Hi,
That sounds terrible. I see two potential options. First, consider retaining counsel and filing a motion for a 'change of venue' if you believe that this judge is biased or is otherwise favoring the other party without a good basis or reason. Second, call and contact your county District Attorney's office, schedule a meeting, and provide evidence of wrongdoing--the county may still choose to press charges and pursue the alleged abuser if you have sufficient evidence to do so. Regardless of what the judge says, there is the police, the DA, local elder abuse organizations, even the FBI if any threats or actions took place across state lines if there is evidence to do so. And it is not up to the judge to pursue, but up to law enforcement--so perhaps speaking to them is a very prudent option to at least consider.
Sincerely,
Dimitry, Esq.
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Customer reply replied 3 years ago
We had filed for a change of venue and the judge denied it. The abusers attorney is the ex DA of Fond du Lac County that was not re-elected because of questionable dealings getting a CEO off of a drunk driving charge by taking away his pilots license and this same judge we have was the same judge that had signed the order. I have had this judge 2 different times against her and only after she had retained this "friend" of the court did we start getting this treatment. It is blatant and obvious.
Estate Lawyer: Dimitry Esquire, Attorney replied 3 years ago
I am sorry to hear that, truly. Perhaps filing for a higher court's review via an appeal would be a good idea, but you would still need to retain local counsel to file for you.
Sincerely,
Dimitry, Esq.
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