jknowlessally
Junior Member
What is the name of your state (only U.S. law)? Florida
Please help. I do not have the money to hire an attorney, but need to know what my options are. My grandmother passed in 2008 and in her will named my brother as the executor of her will. About two years prior to my grandmother's death, my brother obtained her power of attorney . He used the power of attorney to sell my grandmothers house for $240,000 and emptied the cash from her savings account 140,000 and kept everything. My grandmother stated in her will that her four grandchildred(my brother and my two other siblings), were to share her estate equally.
My grandmother had been in a nursing home and receiving medicare. The selling of her house made her ineligible for medicare and thus she accumulated a 100,000 bill at the time of her death. I completed paperwork to let her state of residence, New York, administer her estate. The Public guardian obtained a " turnover order" judgement against my brother. However, during the proceeding, my brother was granted a continuance. He used the time to have his wife set up a LLC and he then transfered all of his assets, mainly real estate, to his wife and she then transfered them to the llc that she owns. I understand that transferring assets to avoid a judgement is considered a fraudulent transfer and the court can void the deed.
My first question is do I have grounds to sue my brother,if so, under what legal doctrine, AND since the judgement was handed down in 2011 is it correct that there is a 6 year statues of limitations on proceeding to have the deeds voided. Do attorneys take these kinds of cases on contingency. Oh, my brother lives in South Carolina.
Please help. I do not have the money to hire an attorney, but need to know what my options are. My grandmother passed in 2008 and in her will named my brother as the executor of her will. About two years prior to my grandmother's death, my brother obtained her power of attorney . He used the power of attorney to sell my grandmothers house for $240,000 and emptied the cash from her savings account 140,000 and kept everything. My grandmother stated in her will that her four grandchildred(my brother and my two other siblings), were to share her estate equally.
My grandmother had been in a nursing home and receiving medicare. The selling of her house made her ineligible for medicare and thus she accumulated a 100,000 bill at the time of her death. I completed paperwork to let her state of residence, New York, administer her estate. The Public guardian obtained a " turnover order" judgement against my brother. However, during the proceeding, my brother was granted a continuance. He used the time to have his wife set up a LLC and he then transfered all of his assets, mainly real estate, to his wife and she then transfered them to the llc that she owns. I understand that transferring assets to avoid a judgement is considered a fraudulent transfer and the court can void the deed.
My first question is do I have grounds to sue my brother,if so, under what legal doctrine, AND since the judgement was handed down in 2011 is it correct that there is a 6 year statues of limitations on proceeding to have the deeds voided. Do attorneys take these kinds of cases on contingency. Oh, my brother lives in South Carolina.
