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My 93 year old father has just been served a notice

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Hello, My 93 year old father...
Hello,
My 93 year old father has just been served a notice of separation from his wife of 20 years. No warning. He his mildly demented and I need to know what to do to protect his assets until I can find a lawyer locally
Submitted: 1 year ago.Category: Family Law
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5/13/2016
Family Lawyer: Roger, Attorney replied 1 year ago
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,877
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is ***** ***** I'm licensed in Tennessee. I'll be glad to assist. Does your dad have any joint accounts with his wife?
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Customer reply replied 1 year ago
Not sure! I just flew in from Virginia. I will need to find out
Customer reply replied 1 year ago
Ok, i just found a check book and it has only his name on the check. Can it still be joint?
Customer reply replied 1 year ago
My father unfortunately is unable to tell me much
Family Lawyer: Roger, Attorney replied 1 year ago
Ok. Thanks. Anything that is jointly in both of their names is at risk -- such as bank accounts, savings accounts, etc. should be stopped. He can remove his money from the account and open a new one.
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Family Lawyer: Roger, Attorney replied 1 year ago
If the checking account only has his name on it, that's a good indication that she doesn't have access, but the only way to find out for sure would be to contact the bank and ask if she's an authorized signature of the account or if she is a joint account holder.
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Family Lawyer: Roger, Attorney replied 1 year ago
Also, if she holds a power of attorney for him, he should cancel that asap.
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Customer reply replied 1 year ago
ok, thanks for that. Anything else? The papers state give the usual boilerplate about "dissipating or disposing of property"
Customer reply replied 1 year ago
How do I know if she has POA? He docent have a clue
Customer reply replied 1 year ago
She has made herself unavailable as would be expected
Customer reply replied 1 year ago
She came in and moved out furniture when he was asleep without his permission. Isn't that a violation of the restraining order?
Family Lawyer: Roger, Attorney replied 1 year ago
You could check and see if there's a POA filed at the local courthouse (usually with the land records clerk).
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Family Lawyer: Roger, Attorney replied 1 year ago
If your dad has a no contact order with her, then yes, her accessing his property and removing things could be a violation of the restraining order.
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Family Lawyer: Roger, Attorney replied 1 year ago
The main thing is to get a lawyer there and file for an emergency order to stop her from accessing any of his accounts so she won't drain them before he has time to separate it out.
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Family Lawyer: Roger, Attorney replied 1 year ago
If she did that he could try to recover his part of the assets, but it is usually better to act than it is to react.
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Customer reply replied 1 year ago
ok, i just found out it is a joint account. Can we close it out without her OK?
Family Lawyer: Roger, Attorney replied 1 year ago
You probably can't close it with her name on there, but he can take his portion of the money out of the account and place int in a new account.
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Customer reply replied 1 year ago
what would be his portion? 50%?
Family Lawyer: Roger, Attorney replied 1 year ago
Possibly.......or whatever amount you can trace to having been paid over for him -- like his SS check or retirement pension, etc.
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Family Lawyer: Roger, Attorney replied 1 year ago
Technically, since it is a joint account, he could take it all, but he's better off to take what he can prove is his.
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Family Lawyer: Roger, Attorney replied 1 year ago
Thanks for your question and please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!
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Family Lawyer: Roger, Attorney replied 1 year ago
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks very much!
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Family Lawyer: Roger, Attorney replied 1 year ago
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks very much!
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Roger
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,877
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