Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I'm interested in speaking with someone to help decide the…

I'm interested in speaking with...
I'm interested in speaking with someone to help decide the correct way to handle a matter regarding my mother whom just passed away. I was never allowed private visitation by my sister who was guardian, and I, poa. She claimed I was to be supervised for mom's safety. Nowhere in the guardianship papers, nor on any action of my own, has it been stated or acted out that I am a harm to mom. This has been ongoing for several years. We have been at odds for a very long time.I have submitted motion for intervention on behalf of the welfare of the ward. My mom has had Alzheimer's from about 2006. My sister had her sign a quitclaim deed on June 2010 and conveyed her house to my sister.Since my mom is now gone, just 2 days ago, I believe my motion isn't valid due to the motion being directed to move my mom's conservator who did say the quitclaim was a red flag, but did nothing. I'd like to pursue a case for having suffered mental anguish and to reconvey the house to mom's estate.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 7 minutes by:
3/11/2018
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,366
Experience: Over 30 years of experience.
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Family Law Question

I am working on your answer now. I am sorry for the delay. It takes some time to prepare a complete answer. Please note the phone call requests are generated automatically from the system. I do not control them.

Thank you for your patience and understanding.

Kind regards,

Gerald

Ask Your Own Family Law Question
Customer reply replied 4 months ago
Thank you!

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am so very sorry for your loss. I am also sorry that the grief of your loss is complicated and sharpened by your sister's inability to be civil with you.

You are correct in your assumption. Now that your mother has passed the legal questions regarding her guardianship is what the law refers to as MOOT.

As to the house, you may be able to challenge the transfer of that property in probate court in relation to the probate of your mother's estate. If there is a Will the person named exeutor in the Willcan sue your sister for a fraudulent transfer. If there is no Will you can have your self appoint administrator. You need to go to the Probate Court and apply.

If your sister files to be administrator first you can challenge her appointment.

You can not sue for mental anguish in this situation. Unfortunately the courts do not have a mechanism to address that in the context of this type of situation.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Ask Your Own Family Law Question
Customer reply replied 4 months ago
Thank you, ***** ***** is execuotor named by my mom in 2001. How do I challenge her position? Shall I call you?

Because you asked, I have submitted an OPTIONAL offer to you for a premium service phone call so that we can discuss your concerns more easily. It is purely optional and I do not want you to spend extra money if it is not necessary. We can continue to post at no additional charge.

Kind regards,

Gerald

Ask Your Own Family Law Question

You can contest the executor. Please give me a minute to more fully respond.

Ask Your Own Family Law Question
Customer reply replied 4 months ago
Thank you, ***** ***** at all. If possible just a little more clarity regarding my next step

An executor if it can be shown that the executor is incapable of performing the necessary duties, is unsuitable for the position

Unsuitability may be proven if the executor faces a conflict of interest in managing the estate.

To do this you will have to file a Petition in Probate Court challenging the appointment of your sister as Executor. You will have to allege that she took advantage of your mother by forcing her to sign a wuit claim deed for the real estate at a time when your mother was not competent to sign the documents.

If the real estate is of substantial value then this is something that you want to discuss with a local estate attorney.

You do not want to necessarily contest the Will - JUST the appointment of the executor because of her fraudulent dealings with the estate.

See:

http://lawyers.findlaw.com/lawyer/practicestate/estate-planning/hawaii

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

Ask Your Own Family Law Question
Customer reply replied 4 months ago
Thank you, ***** ***** probate court a specific court, or do I designate my motion as a civil matter?
Customer reply replied 4 months ago
After establishing she is unsuitable, then is it another motion to reconvey the home?
Customer reply replied 4 months ago
Also, is seeking an apology for mental anguish and suffering a separate court action?

Probate court is the department in the Circuit Court that handles estate issues.

See: http://www.courts.state.hi.us/courts/circuit/circuit_courts

Once you replace her and are appointed executor you will sue her as the executor to undue the real estate transaction.

This can get complicated so you want to at least consult with a local attorney.

Lastly, I am sorry to tell you that there is no remedy for the mental anguish. There is no lawsuit that you cna bring to be compensated for that type of family conflict.

Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,366
Experience: Over 30 years of experience.
Verified
Gerald-Esquire and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Ok, thank you for your expertise!

Thank you.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Gerald-Esquire Your Own Question
Gerald-Esquire
Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 5,366
5,366 Satisfied Customers
Experience: Over 30 years of experience.

Gerald-Esquire is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My mother has Alziemers. I live in Florida with her and take
Hi, My mother has Alziemers. I live in Florida with her and take care of her … read more
Ray
Ray
Lawyer
Doctoral Degree
33,378 satisfied customers
Currently my mother an 82 year old residing in a nursing
Currently my mother an 82 year old residing in a nursing home with Dementia. I am an RN with 30+years of experience and I am her POA. Tragically my brother appears to be in either denial of her dement… read more
Ray
Ray
Lawyer
Doctoral Degree
33,378 satisfied customers
I have 4 older siblings one of which lives with them the other
I have 4 older siblings one of which lives with them the other 3 live out of state. The one living at home has been causing some issues like manipulating my mother into believing I have stole there mo… read more
Maverick
Maverick
Doctoral Degree
6,143 satisfied customers
My Aunt is in a nursing home with progessive state
My Aunt is in a nursing home with progessive state Alzheimers, she no longer really knows what is going on, my father was named long ago as her AIF, since then my step mother had handled her finances … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In the State of Iowa Can the court appoint. Gaurdian of an
In the State of Iowa Can the court appoint. Gaurdian of an elder fire the co- conservator and request another one ? Basically the co-conservator tried to undermine the Gaurdian ( the co-conservator wh… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,879 satisfied customers
My 30y old adult sister is severely mentally disabled, her
My 30y old adult sister is severely mentally disabled, her mother has recently died, and her live in partner can no longer care for her. A court date in early Jan is set to modify guardianship where D… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I would like to know how I can reverse guardianship of my
Hello, I would like to know how I can reverse guardianship of my mom in Ramsey County, MN. I was appointed guardian over a year ago due to her being hospitalized and unresponsive, but she no longer ne… read more
MIAMILAW1127
MIAMILAW1127
Partner
Juris Doctorate
680 satisfied customers
My mom was diagnosed with alzheimers and lives with my sister
my mom was diagnosed with alzheimers and lives with my sister who I dont trust probably does not treat her well and I think is after her money she lives in my moms home. what can I do to get my mom ou… read more
S. Huband, Esq.
S. Huband, Esq.
Attorney
Doctoral Degree
1,621 satisfied customers
I have a Revocation of POA my Mother signed June 2012. She
I have a Revocation of POA my Mother signed June 2012. She revoked my brother as her POA and gave me Georgia Statutory POA and aslo A Durable POA Care Decisions. I allowed her to go visit My brother w… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
My Uncle is my mothers conservator, theyre twins, and since
My Uncle is my mother's conservator, they're twins, and since I've moved back to Ct I've been noticing her money seems to be disappearing at an alarming rate. I'm a nurse and work at local rehab/snf &… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
I have power of attorney over my mother. She is being declared
I have power of attorney over my mother. She is being declared incompetent by her doctor. Once she is declared incompetent, I need to transfer my power of attorney for medical only, to my sister. What… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,593 satisfied customers
I am my 75 year old mothers POA and she needs drug rehab.
I am my 75 year old mother's POA and she needs drug rehab. Can I force her into a treatment center? Also I advised her to get a home health aide because she's sick but she refuses. Can I hire one anyw… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,170 satisfied customers
My sister took over guardiandship from my brother in Florida.
My sister took over guardiandship from my brother in Florida. The guardianship is still active in Florida. Does she have to retain said guradianship in Florida? She doesn't need to keep the guardiansh… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
HI, iam 23 male adult that lives in Biringham, Alabama. My
HI, iam 23 male adult that lives in Biringham, Alabama. My dad got guardiaship over me in june 2011. i will be moving to Atlanta in the summer. When I move does the guardianship end?… read more
JerrySJD
JerrySJD
Attorney-at-Law
Doctoral Degree
189 satisfied customers
California What forms are required to file a petition for
California: What forms are required to file a petition for conservatorship of a person and estate? Is there a way to expedite the process?… read more
Ray
Ray
Lawyer
Doctoral Degree
33,378 satisfied customers
Due to fueding siblings, I petitined and won to have a third party Conservator and guadian
Due to fueding siblings, I petitined and won to have a third party Conservator and guadian appointed to my mom . Long story, but I cannot stand either of them and belive them to be super over billing … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Ohio Law--my sister has coerced my elderly (with dementia)
Ohio Law--my sister has coerced my elderly (with dementia) mother into changing mom's med and financial POA's from me to my sister. I am currently unable to talk to Mom's lawyer or doctor. I am a phys… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
I have durable power of attorney for asset management for my
I have durable power of attorney for asset management for my mom (Washington State), and it specifies that should a it be necessary she wants me to appointed as guardian or conservator of her person a… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x