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asking for Loren-- Your thoughts ?? The PR in writing agreed

to contact me later after...
asking for Loren-- Your thoughts ?? The PR in writing agreed to contact me later after the liquidators finished ( PR hired the liquidators) but PR never contacted me. Reading one of PR's attorneys motions - I see the liquidators arrived and I was blamed for not calling the PR as his attorney refused to give me 10 minutes to enter and get one woodbox.
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Answered in 1 hour by:
11/1/2013
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 34,946
Experience: 30 years experience representing clients.
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Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question and provide excellent service.

Can you bring or hire someone to help with the lifting and other physical labor?
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Customer reply replied 4 years ago

point of my question is not my hiring spending more by their gamesmanship & info is: i'm being contiinually inconvenienced purposly, how is it legal for PR's 2 attorneys to act this way? Another example the litigator defese esq. - kept me in depo all day to avoid our sides esq deposing his cleints & the hospice center nursr's & Dr's. The defense litigator demads i give a PC to him in a futrure depos, but that pc is in the er stoage kept away from me.

Thank you, XXXXX XXXXX the additional information.

Part of their strategy appears to be to wear you down.

However, if the judge's orders are not being obeyed you can motion the court to hold the PR in contempt. The judge could award you damages or impose other sanctions.

Thank you.

Loren
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Customer reply replied 4 years ago

so then this is normal stategy? I see they are skirting ethical behavior & clearly have not obayed court orders. i m looking more for tactical thinking from you vs what I can do to litigate back v them

It is not normal to disobey court orders. However, it is not unusual to try to attempt wear down a litigation adversary with discovery requests and voluminous responses.

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Customer reply replied 4 years ago

putting your other email info together-- I think- tell me if I'm wrong- PR & HIS WIFE ccommited serious crimes- to take advantage of a disbled, old aged on death bed person to steal stuff and be the executor Pr and have PR'S wife sell the house and hide the fact the parking space is worth $30,000, 2 months after death PR & wife seen by 3 doard of Directorse witness stealing bags of money,on the day my cousin died, 2 months before the letter of administration were approved by the court. -----so if we dont proove the PR acted criminally then defense atorneys wont have to give their fees back to the estate, right?

With regard to your attorney fees question, yes, that is certainly possible, even probable. Ultimately, however, it is something the court would decide. If there is proof of misconduct then it is certainly likely the estate would cover the PR's legal expenses. If there is proof of misconduct, then the PR should be responsible for their own legal fees.
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Customer reply replied 4 years ago

there is no misbehavior by us or the estate or the heirs, we were lied to , and simpy wish for honest administration. But now we hear the PR has parkinsons & his wife is physically iner witness to the wills signatures . othvolved with the cond mainrtence man as being one wirtness of the wills signatures . PR's wifesother friend helped steal stuff pre letter of administration- her husband is the 2nd witnes to wills signatures . . but the legal games persist since March. Plus the will is not made by my deceased cousin's attorneny or himself ( my cousin was a legal contract language translator) . The 1st attorney made the will, the1st esq is said not known how paid -- to draft the will as said in PR's 1st iterrogatories. . That will gives all powers to the PR to fee & pay legal fees,. I am thinking - to proctect himself ie the 1st esq and his friend PR & wife it looks like the 1st attorney hired the litgator for himself and PR's improper acts. right?

That would appear to be possible. However, it is only speculation on my part, based upon what you have told me, as I can not speak with certainty as to the motivation of persons I do not know

However, be aware that the PR is entitled to legal representation without inference of guilt because of that representation. In other words, seeking legal counsel is not, in and of itself, evidence of wrongdoing.
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 34,946
Experience: 30 years experience representing clients.
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Thank you Marylyn.
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Customer reply replied 4 years ago

I was looking for your speculation , thus why i asked for you thoughts per criminal and unethical acts. Our hired private detective uncovered much.


3 of 5 board of directors saw wife of PR stealing stuff the day my cousin died, & continuing for 2 weeks. PR refused to let me in the condo for 4 months. . The PR's 2 best friends were the witnesses of a will by notary hired by the 1st attorney - days before my completely mentally physically incoherent cousin signed a will pushed by the PR, PR's 1st interrogatory stated he doesn't know how the attorney was paid to perform- drafting the will . But no one but the PR could have paid the 1st attorney , or the 1st esq must have drafted the will without pay or participation from my cousin. Please speculate this is not a question per se i'm looking for experienced theories from you Loren.

It is not really unusual for the testator, witnesses, PR, notary, and other participants to know each other.

All of he misconduct you describe is really more of a civil issue than criminal. Fiduciary duties require that the fiduciary acts solely in the best interest of the principal, free of any self-dealing, conflicts of interest, or other abuse of the principal for personal advantage. As I said, these are civil claims rather than criminal.

There may be elements of theft and conversion, as crimes that have been committed, but it is much easier to prove breach of fiduciary duty. To prevail, the claimant must show only that the defendant occupied a position of trust or fiduciary relationship and that the defendant breached that duty to benefit personally.

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Customer reply replied 4 years ago

I feel it' s both criminal & we are in the civil litigation since march.


The following might give you what the private detective offered via the FL statutes:


Exploitation of an elderly person or disabled adult; penalties.— 825.103


“Exploitation of an elderly person or disabled adult” means: (1)


Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who: (a)


Stands in a position of trust and confidence with the elderly person or disabled adult; or 1.


Has a business relationship with the elderly person or disabled adult; 2.


Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent; or (b)


Breach of a fiduciary duty to an elderly person or disabled adult by the person’s guardian or agent under a power of attorney which results in an unauthorized appropriation, sale, or transfer of property. (c)


If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2)(a)


If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $20,000 or more, but less than $100,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b)




If the funds, assets, or property involved in the exploitation of an elderly person or disabled adult is valued at less than $20,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c).



So Loren what do you think now?

I have never seen elderly exploitation charges coming through the probate proceedings. What you are describing is undue influence because the PR had no fiduciary status prior to your cousin's death and exploitation of an elderly person requires that the person so charged has deprived them of property. That is not possible when the elderly person is deceased.

You can contact the Florida attorney general to see if they would take action. I just do not see this as a criminal matter as much as a civil one.
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Customer reply replied 4 years ago

the will was signed 5 days before death, Before becoming the PR he stalked my disabled cousin in the hospital & then in hospice , for 1 1/2 months. Hid my cousin from us the family and more, with atrocious handwriting signatures by my cousin, the hospice nurses do not believe my cousin was capable of understanding the wills intentions. I called the police to find where my cousin was, the PR lied to the condo board members, he saying he was added to an old previous will , but there was no previous will. The now PR from 11/15/12 to 12/26/12 tried to get my cousin sign the will , finally my cousin signed. Depo's of the witnesses have been blocked by procedure by the defense. Now you have parts of the acts, is the law firm liable when the office secretary told me she believed the firm was my attorney too, and then she solicited me to pay her firm to make a Trust for my disabled sister per inheritance $. of will her firm drafted, and is administering such as signing estate checks. but there is no proof firm was hired by my cousin , the fact is the now PR hired the firm , not my cousin.

Hi Maryllyn.

Yes there may be misconduct, but it is still civil and not criminal.

Testamentary capacity is not the same as medical incapacity, though they can be related. All that is necessary is that the testator understand his or her estate and the natural recipients of his or her bounty.

There is the issue of undue influence, which could be raised to negate the will.

The secretary is not qualified to give a legal opinion regarding representation. However, in the event of attorney misconduct the remedy is with. Florida Bar in the form of a disciplinary complaint

Thank you.

Loren
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Customer reply replied 4 years ago

she is not merely the secretary she is the paralegal, manager , having power of attorney powers to sign mu cousins checks, ans has orchestrated every issue since may. Plus i read in FL bar rules an attorney is obligated for his staffs acts. Therewith tactically; is it best to file my bar complaints now or wait till the case ends? I am not a party in said case, although i was threatened by the litigator , in my 1st depo. due to my dual response answer i believed this or that in multiple ways, but awaiting evidence to support hearsay , I ma prompted to believe for the board of directors of the condo .

I would file the bar complaint now. There is no purpose in delaying and the more pressure there is brought to bear, the more likely the attorneys will feel motivated to resolve the matter.
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 34,946
Experience: 30 years experience representing clients.
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