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My mom had her will done about 25 yrs before her death with…

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My mom had her...

My mom had her will done about 25 yrs before her death with Parkinson disease. In 2010 my sister which we ask mom to give her dual POA because of her condition forced her Dr to deem her mentally incompetent. Which she was not. Then insisted on my step father and her get a divorce after 45 yrs of marriage. Which he still stayed and took care of her. Then in 2013 my sister forced my mom to do another will and made her husband executive. My mom called me crying. Nothing I thought I could do. My mom was scared of her. Wasn't it again the law for her to do that. She interveined there mail 8byrs. Let my mom aND step dad receive not 1 piece of mail. Nor there Sos sec check. She controled everything even my step dad when his cancer came back she or a person she hired stayed round the clock to make sure he stayed morphined up. He died 12 days later. She had got same thing from him.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

Lawyer's Assistant: What steps have been taken so far?

None. I didn't know what to do. She has a lot of money I dont.

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

Just that a few yrs back she got my 86 yr old dad to divorce his wife of 38 yrs. Same deal. My dad died 2 weeks ago and my sister hot him to leave her all he had. Which was land and money, and sold his cattle. There are 5 of us kids. Not just her. Just sad. She has never worked. I was wondering if this was illegal and what she did forcing my mom yo change her will after being deemed mentally incompetent was illegal.

Submitted: 4 months ago.Category: Legal
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12/19/2017
Lawyer: Attorney2, Attorney replied 4 months ago
Attorney2
Attorney2, Attorney
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Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

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Lawyer: Attorney2, Attorney replied 4 months ago

If your mom was deemed mentally incompetent by a doctor the Power of Attorney would not be valid. In turn any will she prepared in 2013 would not valid as your mom would lack the mental competence to execute a valid will. There is nothing legal in the situation of your step father as well.

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Customer reply replied 4 months ago
Well what is your opinion. I need to know if what my sister done was against the law and if there is anything I can legally do about what happened and is happening with my dad's property now?
Lawyer: Attorney2, Attorney replied 4 months ago

I am sorry. Are you unable to see my response? I stated that will would not be valid and that what is happening now is illegal. Let me copy and paste.

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Lawyer: Attorney2, Attorney replied 4 months ago

Both the POA and 2013 will are invalid

(If your mom was deemed mentally incompetent by a doctor the Power of Attorney would not be valid. In turn any will she prepared in 2013 would not valid)

"My dad died 2 weeks ago and my sister hot him to leave her all he had. Which was land and money, and sold his cattle." This is known as undue influence and is considered elder abuse.

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Lawyer: Attorney2, Attorney replied 4 months ago

This is a criminal act.

"Chapter 825
ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS

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

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

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

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

(b) 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;..." http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0825/Sections/0825.103.html

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Lawyer: Attorney2, Attorney replied 4 months ago

Are you still online with me?

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Customer reply replied 4 months ago
My mom died 4 yrs ago. My sister would never show us Nothing. I just found this on file at court house. Is it to late to file charges against her and her estate? She new what she was doing when she stole from all of us. Especially my momma and step father. Now my daddy and there all dead but all of us children alive and she's done put all his assets in her name. Dad was 88 yrs old. She only had something to do with him past 2-3 yrs. I worked my butt off for him most my life for not a cent and kept him for over 20 yrs. I hate that she's so greedy.
Lawyer: Attorney2, Attorney replied 4 months ago

This is a crime. I understand your frustration. I have seen this type of behavior over the past 30 years. You are right it is greed. It took a very long time for the States to enact these types of laws. You can report her. She was probably engaged in social security fraud as well/ Where did your dad reside at the time he passed away?

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Customer reply replied 4 months ago
My sister had her swapping dad between her house and hers. He had a little dog 16 yrs, cattle, and land money she had he could of stayed at home with assistance. But no. He died of a broken heart. They wouldn't let his little dog come stay with him. Sold his cows, as he was a rancher his entire life, like me, I am the only rancher to follow my dad, one reason they turned him again staying with me. We were just alike. He gave up. She Rashened his sos sec check. Gave him no money. He had pleanty <3 enough he could live good at least until he died at home happy.
Lawyer: Attorney2, Attorney replied 4 months ago

Where did your Dad reside at the time of his passing.

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Lawyer: Attorney2, Attorney replied 4 months ago

Are you still online with me?

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Lawyer: Attorney2, Attorney replied 4 months ago
Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund. You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out. Can you see the rating scale on your end, 5 stars? Thank you for your consideration.
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Customer reply replied 4 months ago
I lost you on my phone. Very informative. Thx so much. My heart is broken. What would you suggest my next step to do. I have a paraplegic brother. My sister is just starting to come around him again since. You mom died 4 yrs ago. I am scared she is going to do same to him. I don't have a lot of financial funds. But my sister has gained a small fortuteam from my parents. Getting away with everything. Dad has been dead 2 weeks and she has already put land in her name. It's probably to late to do anything. Is statutory of limitations gone on what she did to my mother and step father? I have non hogkins lymphoma and took care of my mom each and every night after work and even paid for meds when she didn't have medicare. My mom had Parkinson sinse she was 46 yrs old died at 76. I am a very loving person and never asked for a dime. This has destroyed my soul what I have known and witnessed. Yes Dr Krager a neurold gist deemed her mentally incompetent.
Lawyer: Attorney2, Attorney replied 4 months ago

I am glad that you came back. Anyone in this situation would be heartbroken. Sadly, this is very common behavior in varying levels.

Let's go under the theory that your mom was diagnosed correctly by the Dr. we have an POA that was created based on a false diagnosis. If she was competent at the time of the Will and POA, your sister used undue influence to get your mom to the sign over everything. If your mom was incompetent she could not legally make a new Will. Either way we have an illegal act.

As far as the statute of limitations that would depend on when the actual fraud occurred and would continue based on the continued actions of your sister and/ or on the day that you became aware of the fraud. This is the case even after your mother passed if that is when you discovered what your sister was doing. So this open ended. This is undue influence, breach of fiduciary duty and fraud. Let me provide the statute of limitations and we can discuss your dad. One moment please.

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Lawyer: Attorney2, Attorney replied 4 months ago

In Florida was known as intentional torts have a 4 year statute of limitations.

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Lawyer: Attorney2, Attorney replied 4 months ago

Your dad is well within the Statute of limitations.

If you can tell me where in Florida your father resided at the time of his death I can provide a link for Attorneys that handle these matters that provide FREE consultaions in that area.

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Lawyer: Attorney2, Attorney replied 4 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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Lawyer: Attorney2, Attorney replied 4 months ago

Are you online with me?

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Lawyer: Attorney2, Attorney replied 4 months ago

The site will not provide credit to the Attorneys for our work and time if the customer does not rate us positively. Are you able to see the rating scale at the top pf the page, 5 stars?

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Customer reply replied 4 months ago
My dad resided in Seville, Florida. As did my mom. My mom abd step father had there po box in Pierson, fl 32190 my dad at 86 divorced his wife od 36 yrs due to influence of my sister. Took his money out of bank and gave to her. She sold his cattle in her name. She has never owned but 1 and dad took care of that one. Dad had cashed in bond, sold property, and his cattle by force of her. And drug my oldest sister in to be part of taking care of him to. Dad last trip to hospital would be his last time. She prepared him to die. He had a horrible cold. Sad. Worked his whole life
Lawyer: Attorney2, Attorney replied 4 months ago
I can provide a link for Attorneys in that area that provide FREE consultations. One moment please.
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Lawyer: Attorney2, Attorney replied 4 months ago
http://lawyers.findlaw.com/lawyer/firm/probate-estate-administration/volusia-county/florida Please contact an attorney that can personally assist you. Thank you.
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Lawyer: Attorney2, Attorney replied 4 months ago

Are you able to see the rating scale at the top of the page, 5 stars?

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Lawyer: Attorney2, Attorney replied 4 months ago

Do you have any additional questions for me or was I able to answer your questions?

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