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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.
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Answered in 7 minutes by:
3/11/2018
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,104
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.

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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

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Customer reply replied 1 month 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

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Customer reply replied 1 month 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

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

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Customer reply replied 1 month 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.)

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Customer reply replied 1 month ago
Thank you, ***** ***** probate court a specific court, or do I designate my motion as a civil matter?
Customer reply replied 1 month ago
After establishing she is unsuitable, then is it another motion to reconvey the home?
Customer reply replied 1 month 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: 5,104
Experience: Over 30 years of experience.
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Customer reply replied 1 month ago
Ok, thank you for your expertise!

Thank you.

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