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I was named estate representative in my girlfriend of 17

years will. She also made...
I was named estate representative in my girlfriend of 17 years will. She also made me beneficiary to her life insurance. In the will she leaves her only heir (sister) who she no contact , her house and its contents. The sister is contesting everything she already succeeded in the judge appointing a outside representative because she filed an ex-parte order that was filled with evil lies accusing me of undue influence and such degrading accusations all which are false because I moved in with my girlfriend to become her caregiver 24/7. I am on my second attorney now and I feel he is incapable of representing me and I fear losing everything else. What do I do? The judge has given this case to a mediator and it is scheduled for dec 4. Should I seek out another attorney and pay a third lawyer the 2500.00 retaining fee etc? Please help me
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: What documents or supporting evidence do you have?
Customer: her will- the power of attorney she made me the financial advisor she had recorded the entire conversation with her the day he came to the hospital -to ensure that my girlfriend was indeed in her right mind
JA: Anything else you want the lawyer to know before I connect you?
Customer: she made these changes 10 days before she died
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Answered in 36 minutes by:
10/21/2017
Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 34,054
Experience: Estate Law Expert
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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We can't advise you on "what to do" because that requires the creation of an attorney-client relationship which we can't do on here.

Is there a specific question with which I could assist?

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Customer reply replied 1 month ago
I have already received the money from my girlfriends life insurance and reinvested it the amount was 540.000. I took 80.00 out of it paid all of my debts and helped my mother a bit. Before I got my money the financial advisor assured me that he recorded her in the hospital answering certain questions to prove and have proof that she was clearly in her right state of mind because he knew the sister from previous years and knew she would contest the will , in addition he has notes from 5 years ago when he came for dinner at my girlfriends house and the sister attended that dinner as well. I remember my girlfriend telling him on the phone " do not mention any numbers or totals in her presence because the sister is everything we teach our children not to be. If you look up the word "greedy" you will see her picture next to it, I couldn't even begin to tell about her greed but the shock of this is so intense because she is married to one of the most successful real estate attorneys that Chrysler ever had . Since the sister and her family were the original beneficiaries she of course is coming up with every and any excuse to get that money taken from me, They are saying that she was not in right mind because of the medication she was taking for the cancer, they are accusing me of undue influence and claiming I use force to get her to change her will. The sister and my girlfriend were estranged in fact the sister said 4 months prior to Angelika dying, "You brought this on yourself, I don't feel sorry for you" I have a life to live so good bye. She never called to see how Angie was she nor any member of her family. I was Angelikas caregiver 24/7 moved into her home and did close to the impossible with not ever a helping hand or a good wish from the sister. She petitioned and ex-parte for her to become the estate representative filled that petition with the worst, evil accusations you can think of, The judge must have believed her claims of linsulting lies because he appointed an outside representative long story short can she have my beneficiary rights and money taken from me?

Is it possible that she can get the court to order you to return all funds, etc.? Sure, it's possible.

What you need to do is hire a lawyer and have them handle the case. The lawyer can start putting the evidence together in a manner that is admissible and possibly dispose of most of the claims before trial.

The insurance is obviously the big one, and if you have a witness who can state that she was of sound mind when she designated the beneficiary then you should be okay. The burden of proof is on the sister to prove that she was not of sounds mind at the exact time sh designated the beneficiary.

The recording itself is likely not going to be admissible but his testimony as to the conversation he had at the time can be admissible at least as to specific issues.

You definitely don't want to try and handle this yourself because probate is extremely difficult and most of the evidence you would think you could use, you cannot, so you have to find another way to make it admissible.

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Customer reply replied 1 month ago
Ok Thank you very much my friend for your help

You're very welcome and I wish you the best on this.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Even if you are a subscriber or have a trial membership please leave a 5 Star Positive Rating so that the website knows I have answered your question.

Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 34,054
Experience: Estate Law Expert
Verified
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Dwayne B.
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Category: Estate Law
Satisfied Customers: 34,054
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