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Have a question Mom fell in nursey home crooked daugter

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Hello have a question Mom fell in nursey home crooked daugter hired attorney after two years the award was 200k the daugter never shared this info the attorney got 85k mom got 115

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Daughter never gave mom the money 115 k Mom as Dementia for over 4 years Yes there was a POA made 30 days before was diagneded with Demita The problem daugter says she had expense and will not give the money back

Lawyer's Assistant: Has anything been filed or reported?

Other problem when the attorney got the 200k check his made top the law firm and to mom

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He ask to see the back of the check and the check was forged not mom handwriting could be daughter the lawer might of sign her name so he could get his money fast then the lawer give mom 115k check to the daughter daughter signs hit with here name No POA of etc just her name then she keeps the money Also the POA as a clause that both Brother and s Sister as to act together then there is a box that they could check is they can act seperate the box was not checked They have to act together First the daughter gorge the 200k or the lawer

Submitted: 7 months ago.Category: Legal
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Customer reply replied 7 months ago
The daughter forge both check s I feel there is a breach of contract the daugter tried to pull a fast on one her brother and family
she will not give the money back she does not see what she did wrong she brook all the rules to fiduary
I think the attorney as a malpractice suit on his hand I think we can sue the bank and the daughter
I think we are entitled to the 200k I just want the money to go back to Moms Trust she is not well and use full timr care
I think since the have to act together the brother never got to see the checks and did not sign the checks
Daughter scam the attorney she does this all the time
Do we have a good case against all three the attorney , the bank and the lawyer who did not read the POA carefully
Answered in 18 minutes by:
11/29/2017
Lawyer: DamienJD, Attorney replied 7 months ago
DamienJD
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Lawyer: DamienJD, Attorney replied 7 months ago

It appears from the facts you provide that there could be a suit against the daughter regarding the handling and conversion of the money to her own use (and possibly the law firm for not checking signatures although this is more of a secondary matter).

The issue is who would have the standing to bring the suit. Since the Mom has dementia, she would not have the capacity to bring the suit. Possibly, the other holder of the POA could bring a lawsuit, but it seems like there should be appointed a guardian who can act for the Mom. So, there could be a petition for guardianship. This way, everything is brought to the attention of the Court.

Do you have any further questions? If so, I am happy to address them.

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Customer reply replied 7 months ago
The law firm should have malpractice and the bank they would have more money then the daughterthe trust would sue can that happen the 3 siblings on the trustdo you think does as a big problem
Customer reply replied 7 months ago
if there were to act together can one person sign the award check YES or NOthey both sued the nuresy home and both went to a attoney but the brother justed her and so did the attorney she past a fast one she claiming its a wash she had expenses crazy
Customer reply replied 7 months ago
brother trusted her sorry for my english
Lawyer: DamienJD, Attorney replied 7 months ago

It's okay with your English. If the joint holders of the POA were to act together, then each would have to sign the check. Or, the other one would have to give the okay for the other to sign it. Possibly, the trustees of the trust could bring an action against the daughter for the money. I would have to look at all the paperwork and do an analysis that goes beyond what I can do from this site.

Do you have any further questions? If so, I am happy to address them.

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Lawyer: DamienJD, Attorney replied 7 months ago

Hello again! Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars at no extra charge so I can get paid for the service I provided to you. Best regards.

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