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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33763
Experience:  Began practicing law in 1992
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I have Gillian Barre I'm 54 when this disease took over my

Customer Question

I have Gillian Barre I'm 54 when this disease took over my body my sister went to court behind my husband and kids back to become my guardian conservator. I was in a health care facility from 9/13-8/16 learning how to live with GB and be independent again. During this time my Dad passed away in 2013 when the estate was being settled that is when my sister took control 5/14. I have fought her for over 2 years to go home finally I went to court and I home now doing well. She says I'm broke even though I received a substantial inheritance. I have been trying to get my actual banking records for months she will not give them to me all she would give me is her hand written ledgers which I know for a fact she is lying. I just got documents for the final report of conservatorship in there I noticed it says I have to file objections by 11/6/16 I did not realize this and I feel like since she knows I have issues and have been trying to get actual records but she will not give them to me so I can review and have been asking for months that since I have yet to receive bank statements from her to review for any objections I should be able to still file an objection. I have texts emails etc that show when I've asked her for actual records based on the fact that I have yet to get appropriate documents to review can I still file an objection or am I to late.
Submitted: 10 months ago.
Category: Legal
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 10 months ago.

Generally if you miss the deadline/date for filing objections then they are waived. However, you can ask the court for an extension of time to file objections based on the reasons you gave as well as any other reasons that you have.

Are you represented by an attorney?

Customer: replied 10 months ago.
No not yet and the attorney my sister hired for me when all this started. He visited me at the health care center to tell me about court date to remove all control but he did not come to hearing I was there with my husband but the only thing the judge said was that conservator guardian was released nothing about time limit to file objections so I feel like I was in the dark my sister has know for 2 years about my questions on how my money was spent and that each hand written document didn't match the next explanation. She kept me at healthcare center for 2 years longer than I needed to be Drs and PT had released me and when she knew that and knew our dads estate was being settled that's when she took control as Guardian/Conservator all behind my husband and kids back I really feel that I have a strong case for POA abuse financially and medically I have CNAs that were witness to her verbal abuse she has created so much tension between me and my kids I haven't seen or talked to my oldest since he got married 3/15 the wedding was heartbreaking because he decided not to do the mom son dance because of the tension between us and he wasn't even suppose to know but she told him he is now expecting his first baby and his wife who I've me maybe 3times texted me that because of my choices I'd never see my grandchild. Sad thing is all this tension is because of my sister my son and I used to be very close till my sister started her crap. Needless to say there is a lot of tension in my family because of all this. I'm home now with my husband she finally dropped all control but the more things that come to light now that I have access to info the more I feel like I have a very strong case for sibling abuse family abuse POA abuse etc. I don't want to purse these charges I just want the inheritance that was mine per my dads will I have copy of. What she stole from me is close to $4000,000 on top of tension with my son family abuse POA abuse denial of proper medical care she uprooted my family to another town where she works about 45 min away from our home let our house go back to bank I think she mishandled my inheritance tension in my family etc but she is my sister all I want is my inheritance left to me by my dad then I want to try and heal my family my husband and boys get to know my daughter in law and be apart of my grandchild life come March I'm not perfect I have made mistakes but what my sister has done... These things are just the tip of the iceberg as far as the inappropriate unethical and abusive things that have been going on for over 2 years and she's white RN who does utilization review for the hospital but I was an accountant had my own business was primary income for our family due to my husband's medical issue and 1+1 does not equal 2 with the income expense documents she's given me I wand my bank statements not her hand written sheets but she won't let even give me those to review. I'm at a loss in how to proceed. I honestly just want to settle this financially and move forward.
Expert:  Dwayne B. replied 10 months ago.

First, a judge isn't going to tell you deadlines, etc. unless it is one that they impose. Technically, under the rules they aren't allowed to tell you those kinds of things.

You can have your attorney file a lawsuit against her for breach of fiduciary duty and you can consider contacting the District Attorney's office and try and file criminal charges against her.

If you do sue for breach of fiduciary duty then you can use discovery and subpoenas to get all of the information you need. In addition, the standard for breach of fiduciary duty is pretty low so it is a pretty easy case to prove if they were your guardian. I think most lawyers will tell you that suing for abuse is really not the best way to go since it has a higher burden of proof.

I am putting my standard ending paragraph below and it points out that you can ask any follow ups you have. If there is anything you don't understand I'd urge you to ask about it. In addition, once you issue your POsitive Rating the question thread locks open and will no longer time out so if you think of follow up questions later you can always come back and ask them and there won';t be any extra charge, so long as it is a follow up and not a new question area.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 10 months ago.
What are the best types of documentation I should gather I have my dads original will I have a new will regarding our family lake house that she threw in my face when she brought some of my possessions to the apt after our court date when all POA's Guardianship etc were ended that I knew nothing about as it was done when I was at healthcare center that I think my sister convinced him to do just to benefit herself was done 6weeks before he had heart attack and passed away prior to me getting sick my sister her husband me and my husband had a conversation at the lake house concerning my dads mental status we thought he was showing signs of Alzheimer's he was 72 he was forgetful misplacing things and just not the same. He changed all property he owned to go 50% to her and 25% 25% to my 2 boys property included lake house and mobile home in TX he wintered in the mobile was just sold and one of my sons while he was helping me move to apt said he had to go meet her to get his check for sale of TX property he wasn't suppose to tell me a few days later when she brought bags of my clothes she had been storing (took what she wanted then Stored) (she had the guts to wear my sweater on one of her abusive visits at healthcare center) I question her about TX that's when she threw new will in my face I knew nothing about regarding properties approx value of properties my 1/2 $200,000+ These properties should have been 1/2 mine. What I did get per will was $xxx,xxx but she gifted half of my $$$$$$ to my boys the other half I purchased a handicap van which sat at her house she wouldn't let my husband use I was in it maybe 5 times in over 2 years I now have at apt since she has no control anymore. A few clothes a car for my husband the rest she paid to keep me at healthcare center even though all Drs had released me in 5/14 I'venow discovered she did not take control until right before estate was settling and she knew I was being released I did not know that at the time. I really feel like she took advantage of me money property made my relationship with my oldest not good with her lies etc I feel like she paid them to side with her but that's a whole other issue she's done putting a strain on my relationship with my kids friends and other family. Back to beginning what documents should I gather if I decide to move forward. Thank you for your time.
Expert:  Dwayne B. replied 10 months ago.

The most important are the medical records and bank records, but you really can't gather them until the lawsuit is filed. If you get them now you will just have to get them again after you file so that they will be admissible.

There could be others that will become apparent after you progress in the lawsuit, but those are the only ones that are obvious right now.