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My husband was diagnosed in july 2017 with glioblastoma. he…

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my husband was diagnosed in...
my husband was diagnosed in july 2017 with glioblastoma. he decided to file for divorce after diagnosis. I guess he didn't want to burden me with him being sick. we never got divorced. he passed away on march 17,2018. his daughter somehow got poa over his finances and medical. she has told people she has used his money he got from va and social security to pay the house payment that was in his name only and other stuff. come to find out she was only making the interest payment and not the whole payment. she has not paid for the stuff she has mentioned she had. my husband and I have a credit card that is joint and she put he3rself as an authorize user in sept 2017. I have never had a credit card on this account. I called the credit card company on 3/29/18 to let them know he had passed and they told me it was still opened and that she used the credit card 2 days after he had passed away for 134.07. but they coulnt tell me where she used it.
we bought a 2007 f150 kingranch in 2014. the title read my husband as owner and I was transfer of death. in October 2017 she changed the title to where she was transfer of death on the truck. as far as I know she has at least 2 bank accounts opened for her dad. I don't know what she has done with his money. I got an American family check which had both our names on it mine and my husbands she came and picked m the day before her dad died and signed the check and put it in his account she had just opened that morning. half of it was to be automatically put into my account after the check cleared which was 7-10 business days. now the account is frozen because he is dead. I am on disability I get 640 amonth and now I am stuck with his bills as well.
Do I have any wife's rights on how to get into the bank account and get the truck back?
Submitted: 3 months ago.Category: Estate Law
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Answered in 1 day by:
3/31/2018
Estate Lawyer: Josie-Mod,
 replied 3 months ago
Josie-Mod
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Hi, I'm Josie, a moderator for this topic.
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Customer reply replied 3 months ago
I will wait for a response
Customer reply replied 3 months ago
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Customer reply replied 3 months ago
my number is(###) ###-#### I have been waiting patiently for a response to my question and still yet I have no answer.
Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Estate Law
Satisfied Customers: 13,305
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 (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

Thanks very much for your patience. I'm sorry for the extremely long delay. There are often more questions than experts available to help. The answer to your question is yes. A person with POA has a financial duty to care for the principal. (your husband) in a matter that best suits his financial interests. The failure to do so could not only be considered fraud, but a violation of her duties as a POA. In your case, if you have reason to believe that her transfer of the vehicle and her misappropriation of the money were done not in his best interests, you could bring a lawsuit in your local court.

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Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

Filing a lawsuit is relatively simple, but there are some specific steps you must follow. Generally, you will want to begin with drafting up your complaint on 28-line pleading paper. You can usually get 28-line pleading paper as a Microsoft Word template or just looking online for a free copy of one. I usually recommend that you begin with a brief introduction and then start a new heading with a new paragraph where you lay out the facts. Once you are done laying out the facts, create a new heading that provides your legal analysis. For example, you could say that a breach of contract occurs when someone fails to fulfill their obligation in an agreement. It doesn't have to be very long, but something that explains what your legal authority is to bring the case. Afterward, you will want to have your “Prayer for Relief” as a separate heading and then you put in what you want (e.g. amount of money you want). Make three copies of this.

Once you do that, you should either look online or go to the courthouse to find out if there are any specific forms you must fill out. Many county courthouses require specific forms depending on the cause of action that you have and they’ll reject it if you don’t have the right forms. If you can get three copies in advance of going to the courthouse, do so and attach them to your complaint.

Once you fill out the forms and you have your complaint, you should go to the courthouse and file them. Most lawsuits require a filing fee. The court will stamp that the docs have been received. The court will keep one copy of the received document and the court will give you back the others (one for you to keep and one for you to serve).

When you get those documents, you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the lawsuit on the other party. Service is required when you are suing someone for almost all papers you file with the court. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

Finally, there’s the discovery process where you can ask the other party for documents and even take statements from witnesses (these are called depositions). If you can’t reach agreement, then you go to trial.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 3 months ago
My step daughter lives in Germany but she also uses her mom address in Texas what do I do here
Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

I think you should begin filing a lawsuit and do it in the county where her mom lives. They would have proper jurisdiction over this matter. If you follow my suggestions that I provided above in respect to how to file a lawsuit and your cause of action, then you'll be in good shape.

Did you have any other questions for me about this at all?

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Customer reply replied 3 months ago
Does that mean I have to go to Texas or can I file online
Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

It depends on the county; however, many counties allow you to file online. If you can't file online, then you can hire someone to file the documents for you. Also, the court typically allows you to participate over the phone or via Skype or some other electronic method for court hearings except for trial, if you even have to go that far. Does that make sense?

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Customer reply replied 3 months ago
I want a change of venue I want it here in missouri
Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

You could do that; however, if the defendant doesn't live there or if the cause of action didn't happen there, then the court in MO won't have jurisdiction and they'll dismiss the case. It's the law in all 50 states.

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