notary didnt witness signature on POA what next?

[czb]

What is the name of your state? LA
I dont know where to turn next. Yesterday in a depostion, the witness for the other side admited when she signed POA and my father signed POA there was no notary present nor any other wirnesses were present at this point in time. This lady stated it was only her and my father present, then she took it to next witness, then it was taken to Notary......so this document was not legal, right? Even though the notary noterized this document? He was a friend of the person taking advantage of us. What happens to him now?
With this document a person was able to use the POA to remove over $100K out of the bank that did not have their name on the any of the accounts. These accounts were for my fathers kids and payable upon death accounts. In 2 banks actually. And this money came only from seperate inheritated properites. So now what happens? I have never delt with this before. Can the banks be held lieable? Or do we hold this person lieable? Will this person have to pay back all the money? What kind of punishment will the notary get, the person who tried to defraud us or the banks in question?
Also yesterday in my case...my expert was able to testify that the olographic will that my father supposedly wrote out was forged....what next? Our expert is one of the best in the country and has testified in many cases.
It is all good news for our side, but I dont know what happens next?
In my case, we have been challenging a will**************and had been taken advantage of by a family member. But now, finally the truth has come out......we knew all along, but had to let the laws, and attorneys prove it for us. And noe of this would have been possible without alot of prayers answered.
I hope someone will answer these questions for me.
Thanks

 

[momm2500]

i personally dont know the answers to your questions, but I know what you are going thru. i am in the middle of the same battle with my brother! my lawyer said it was not worth me contesting the will (mom supposedly signed it the day she died, the estate attorney never saw her sign it but he signed as a witness, had his partner sign as a witness and had the secretary notarize it) since i was entitled to 50% either way. but i know the frustration, cause I knew what my parents wanted and what their wishes were as well as did everyone else in the family. but because brother and his wife were so greedy, they took everything! the family business, a $400+ house, all the money, all the things in the house, all the stock and left me with my parents bed room set! that is what happens when GREED takes over. I believe what goes around comes around and they will have their day.

Fraud and Forgery are not taken lightly, esp. in court. They will probably loose their notary license and could possibly be fined. This would be up to a judge to make the call, if i am correct.

 

[seniorjudge]

What is the name of your state? LA
I dont know where to turn next. Yesterday in a depostion, the witness for the other side admited when she signed POA and my father signed POA there was no notary present nor any other wirnesses were present at this point in time. This lady stated it was only her and my father present, then she took it to next witness, then it was taken to Notary......so this document was not legal, right? Even though the notary noterized this document? He was a friend of the person taking advantage of us. What happens to him now?
With this document a person was able to use the POA to remove over $100K out of the bank that did not have their name on the any of the accounts. These accounts were for my fathers kids and payable upon death accounts. In 2 banks actually. And this money came only from seperate inheritated properites. So now what happens? I have never delt with this before. Can the banks be held lieable? Or do we hold this person lieable? Will this person have to pay back all the money? What kind of punishment will the notary get, the person who tried to defraud us or the banks in question?
Also yesterday in my case...my expert was able to testify that the olographic will that my father supposedly wrote out was forged....what next? Our expert is one of the best in the country and has testified in many cases.
It is all good news for our side, but I dont know what happens next?
In my case, we have been challenging a will**************and had been taken advantage of by a family member. But now, finally the truth has come out......we knew all along, but had to let the laws, and attorneys prove it for us. And noe of this would have been possible without alot of prayers answered.
I hope someone will answer these questions for me.
Thanks

You have started four other threads on this problem.

Bottom line: Get a lawyer.

 

[czb]

You have started four other threads on this problem.

Bottom line: Get a lawyer.

I do have a lawyer. But there have been new developments in my case. Some of which I really cant believe have actually happened....even with an attorney. Even though I knew my father would never have done this to us....we had to prove it. This person that took this invalid POA and a forged WILL, has lied, tried to cheat us out of our inheritance, and stolen from bank accounts that my father set up for us. She did these things knowingly and did it intentionly. She knew it was wrong...she is a Notary herself and has been a legal sectary all her adult life.
With these new developments, I wanted to know IF charges can be pressed on this person? If so, what? Can they do jail time?
And if the Notary that did notarize this POA, a neighbor & friend of hers, did so and knew he did not watch any one sign it, what can be done to him?
And she filed these documents at the court house, as evidence in her case, what can be done to her?
Can she also be made to pay our attorney's fees...etc?
I am attempting to cover all my bases by asking this legal discussion board these questions. Just in case she trys to pull a fast one...again!
I do want to thank you all for your answers.....it has given me hope when I had none!
Not only did I not get a chance to grieve for my father, before she gave her will to an attorney, the day we burried my father. It has been very emotional on me and my brother. At times, I had no where else to turn!

 

[Dandy Don]

What type of case is this going now--probate or something else?

You need to be consulting with an attorney (probate or family law) who can tell you whether Louisiana has laws regarding elderly financial abuse AND abuse of power of attorney.