training2go
Junior Member
What is the name of your state? New Jersey
Hello,
In 2004 my mother was diagnosed with dementia.
In april 2005 my mothers other child had my mother sign a deed, which gave her 25% of my mothers 50% ownership. I own the other 50%. She also had my mother draw up a new will and poa.
At the same time, my mothers other child handed me paperwork to sign away my 50% ownership to my mother. She said that I needed to sign it because our mother said she could borrow $100,000. Naturally I did not sign this paper work.
I went to the court house a few times to see if there was a lien put against the house because I didn't trust her. After 3 months, there was no lien, so I stopped going.
The next month the new property tax bill arrived with the other child's name on it.
After doing some research I found out what had happened and explained it to my mother.
She said she never meant to sign away ownership.
For months she asked her other child to sign the paperwork to remove her name.
She refused, so my mother an I filed a lawsuit in civil court.
On the second court date, my lawyer finds out that my mother had been counter sued by her other daughter seeking guardianship.
Eventually this guardianship law suit case is dismissed, but at the same time, out lawsuit to get her name off the deed was also dismissed.
The conservatorship was also dismissed that my mother filed.
The other problem is that during all of this time, my mothers other child is taking my mother places and having her write checks and/or charge things to her credit card.
I'm not sure why the original law suit was dismissed or why the conservatorship was either.
This was april 2007.
Fast forward to 12/31/07. The other child comes again to take my mother someplace. Maybe 3 weeks later I find out that she had my mother apply for a credit card. I brought this to my mother's attention. She said that she didn't need or want the credit card and what should she do. I told her to cancel it, so she did
2/9/08. The other child comes again to take my mother someplace. Now, I'm annoyed, so I call the police. They came (again) and said that because the prior order of protection was thrown out with the law suit and that didn't have another one, that they could not stop her, so I had to let my mother go.
The police told me to go to family court, so I went this morning.
On the grounds of all of the checks and credit card activity, the judge issued a temporary restraining order. They sent me downstairs to the prosecutors office to see if charges could be filed.
I explained what the problems are that I am having and why is it that this is not grand larceny or theft by deception at the very least. While they didn't say that it wasn't, they didn't offer help other then say for me to go to the police in my town to have them open an investigation.
I went back to the police this afternoon. After reviewing the documents, they did not open a case either.
My questions are
1. What is it that I need to say and whom do I need to say it to, to have this filed as a criminal case.
2. What type of lawyer do I need to hire this time to get my mothers other child's name off of the deed, have the will rescinded, as well as the poa, which I haven't seen yet.
3. I am under the impression that there are no laws on the books as they say for elder abuse. If there are, could you point me to where they are online, so that I can become familiar with them?
4. Are there agencies in bergen county that provide any assistance in elder abuse? It seems that adult protective services only provides assistance for anything other then something legal.
5. What documents do I need to have from the court to protect my mother from this day forward?
6. If you could recommend law firms that specialize in this, in bergen county, I would greatly appreciate it.
7. Is it my imagination or is the legal profession stumped on what to do or afraid to handle/take on cases like this? From what I can tell, this happens a lot more then we are led to believe. It seems that many people are not or don't want to fight for their parents or relatives.
8. Which court does this need to be filed in? I got the impression from the family court judge this morning that this should not have been filed in cival court. As I had no idea that I would even wind up in court, I was in shock more than anything else. That and I didn't know if I had the right to ask the judge which court the future case should be filed in. I was just so thankful that she granted my request for a temporary restraining order, I didn't say anything.
Thank you.
Hello,
In 2004 my mother was diagnosed with dementia.
In april 2005 my mothers other child had my mother sign a deed, which gave her 25% of my mothers 50% ownership. I own the other 50%. She also had my mother draw up a new will and poa.
At the same time, my mothers other child handed me paperwork to sign away my 50% ownership to my mother. She said that I needed to sign it because our mother said she could borrow $100,000. Naturally I did not sign this paper work.
I went to the court house a few times to see if there was a lien put against the house because I didn't trust her. After 3 months, there was no lien, so I stopped going.
The next month the new property tax bill arrived with the other child's name on it.
After doing some research I found out what had happened and explained it to my mother.
She said she never meant to sign away ownership.
For months she asked her other child to sign the paperwork to remove her name.
She refused, so my mother an I filed a lawsuit in civil court.
On the second court date, my lawyer finds out that my mother had been counter sued by her other daughter seeking guardianship.
Eventually this guardianship law suit case is dismissed, but at the same time, out lawsuit to get her name off the deed was also dismissed.
The conservatorship was also dismissed that my mother filed.
The other problem is that during all of this time, my mothers other child is taking my mother places and having her write checks and/or charge things to her credit card.
I'm not sure why the original law suit was dismissed or why the conservatorship was either.
This was april 2007.
Fast forward to 12/31/07. The other child comes again to take my mother someplace. Maybe 3 weeks later I find out that she had my mother apply for a credit card. I brought this to my mother's attention. She said that she didn't need or want the credit card and what should she do. I told her to cancel it, so she did
2/9/08. The other child comes again to take my mother someplace. Now, I'm annoyed, so I call the police. They came (again) and said that because the prior order of protection was thrown out with the law suit and that didn't have another one, that they could not stop her, so I had to let my mother go.
The police told me to go to family court, so I went this morning.
On the grounds of all of the checks and credit card activity, the judge issued a temporary restraining order. They sent me downstairs to the prosecutors office to see if charges could be filed.
I explained what the problems are that I am having and why is it that this is not grand larceny or theft by deception at the very least. While they didn't say that it wasn't, they didn't offer help other then say for me to go to the police in my town to have them open an investigation.
I went back to the police this afternoon. After reviewing the documents, they did not open a case either.
My questions are
1. What is it that I need to say and whom do I need to say it to, to have this filed as a criminal case.
2. What type of lawyer do I need to hire this time to get my mothers other child's name off of the deed, have the will rescinded, as well as the poa, which I haven't seen yet.
3. I am under the impression that there are no laws on the books as they say for elder abuse. If there are, could you point me to where they are online, so that I can become familiar with them?
4. Are there agencies in bergen county that provide any assistance in elder abuse? It seems that adult protective services only provides assistance for anything other then something legal.
5. What documents do I need to have from the court to protect my mother from this day forward?
6. If you could recommend law firms that specialize in this, in bergen county, I would greatly appreciate it.
7. Is it my imagination or is the legal profession stumped on what to do or afraid to handle/take on cases like this? From what I can tell, this happens a lot more then we are led to believe. It seems that many people are not or don't want to fight for their parents or relatives.
8. Which court does this need to be filed in? I got the impression from the family court judge this morning that this should not have been filed in cival court. As I had no idea that I would even wind up in court, I was in shock more than anything else. That and I didn't know if I had the right to ask the judge which court the future case should be filed in. I was just so thankful that she granted my request for a temporary restraining order, I didn't say anything.
Thank you.
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