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I am dealing with a very difficult case in Wisconsin. My…

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I am dealing with...

I am dealing with a very difficult case in Wisconsin. My fathers FPOA refused to honor my fathers incapacitance & there is no third person oversight of the Estate. I am the HPOA. They are refusing to provide documents requested....other than redacted insufficient docs. They are now trying to discredit me thru privileged information that my own lawyer leaked in a bill that he submitted to the court to reimburse my legal costs...that shared privileged info about emails and his negative spin on it. They refuse to give an accounting. It became apparent this spring that my father was hemmoraging massive amounts of money to 20 different charities facilitated by the trustee after my father was incapacitated....He refused to step up and take fiduciary responsibility & he refused to step down. The antics of lying evasion & manipulating are endless....He is lawyered up to the gills. Could I subpoena the records from some of these charities to demonstrate a huge spike in his gifting?

Lawyer's Assistant: Have the trust documents been finalized? What are the basic terms?

We can't get them to provide me....I am the daughter & HPOA with the documents.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The law firm that the trustee works for Mawicke Goisman.... a partner named Thad Jelinski was convicted of estate theft in the fall of 2016 & the law firm was found impeding the investigation & hiding evidence. All the same behavior patterns with this case....plays dumb. with holds documents & accounting with out 3rd person oversight & they keep kicking the case down the road exhausting myself & finances with absurd objections and actions so we can't even voice what he has done....Fist they tried to remove me as the HPOA....and had my incompetent Dad request it on behalf of the trustee....It's insanity.

Submitted: 11 months ago.Category: Estate Law
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Answered in 9 minutes by:
8/3/2017
Estate Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Estate Law
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I am sorry to hear about your situation. To answer your question as to whether you could subpoena the records, the answer is yes, but you would first have to file a lawsuit to have the end of individual removed as the financial power of attorney. The basis of your lawsuit would be An argument that the agent has missed use their power. It means making a decision or taking an action that is not in the principal’s best interest. There are also criminal penalties that may be attached if there are things that are found to have gone wrong. An agent who violates the duty owed to the principal may have committed Ben, fraud, or even forgery. It depends on what the district attorney would decide to do. Basically, the answer to your question is yes, you can subpoena those records, but you would have to first file a lawsuit in order to make those records turn Over.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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