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Please advise! Caregivers trying to "cash in" on deceased grandmother

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FrustratedInSF

Junior Member
What is the name of your state? California (but this will fall under Maine law)

My nana had home health care from about 1999-2006 through Interim Healthcare. This service was originally meant for my grandpa, but when he passed in 2001 my mom thought it best the care providers stay on.

Two sisters who worked for the company saw an opportunity _ my grandpa left a very sizable estate when he passed away _ and so they quit Interim, formed their own LLC, and took on my nana as their only account. They offered her a _discount_ of about $120k/yr, down from $140k/yr. Very expensive. My nana was not sick or anything, for years. The sisters begin blocking phone calls, not answering the door for visitors, not delivering mail and gifts to my nana, etc, of their own accord. Textbook abuse. My siblings and I tried to get rid of the sisters and provide a much more economical solution after my mom passed in 2002. We could not get this done because by this point nana was being turned from her family. We tried to gain Guardianship; the judge found my nana of sound mind and body and totally overlooked the reports of abuse _ unfilled prescriptions, missed doctor_s appointments, etc _ and the sisters closed in. My nana passed away about 3 weeks ago of colon cancer. The trust fund my grandpa set up, which was to passed down to each generation, is being divided four ways amongst his grandchildren (me and my siblings), but nana made out a living trust naming the sisters chief trustees (thought their was no beneficiary named). The sisters stand to gain a home & barn worth about $200k along with 35 acres of prime real estate which, if developed, could reap several hundred thousand dollars. At least we want to retain a chunk of land for building a summer home on to, in a sense, continue our grandfather_s legacy. I_m certain the sisters would sell it all.

My question is: can we contest this? What are our chances, realistically? In several of the documents, the notary public_s signature has an expiration date below it (ex: _Exp 6/10/05_). Does anyone know what this does to the validity of these documents? Does it nullify them, unless a new signature and seal are applied? Also, does anyone know anything about the breaking of non-competition clauses? The sisters, as I said, had worked for a large, nationwide home care service, but when they caught sight of the hundreds of thousands they could swindle (and did, for several years) from our nana they quit the company, created their own company, and then immediately convinced our nana to sign them on. What would YOU do to expose these sisters for the con-artists they are? They are even trying to collect three weeks _severance pay_, totaling about $8000k, which they claim _she intended for us to have_. I_m so pissed off over this I could spit. My mission is to take these sisters down to the mat and expose them for the thieves they are. It_s bad enough that they cut off most of our calls, visits, mail, etc to nana; now they_re trying to cash in on our family legacy. Thanks for any replies.
 
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BlondiePB

Senior Member
What is the name of your state? California (but this will fall under Maine law)

My nana had home health care from about 1999-2006 through Interim Healthcare. This service was originally meant for my grandpa, but when he passed in 2001 my mom thought it best the care providers stay on.

Two sisters who worked for the company saw an opportunity _ my grandpa left a very sizable estate when he passed away _ and so they quit Interim, formed their own LLC, and took on my nana as their only account. They offered her a _discount_ of about $120k/yr, down from $140k/yr. Very expensive. My nana was not sick or anything, for years. The sisters begin blocking phone calls, not answering the door for visitors, not delivering mail and gifts to my nana, etc, of their own accord. Textbook abuse. My siblings and I tried to get rid of the sisters and provide a much more economical solution after my mom passed in 2002. We could not get this done because by this point nana was being turned from her family. We tried to gain Guardianship; the judge found my nana of sound mind and body and totally overlooked the reports of abuse _ unfilled prescriptions, missed doctor_s appointments, etc _ and the sisters closed in. My nana passed away about 3 weeks ago of colon cancer. The trust fund my grandpa set up, which was to passed down to each generation, is being divided four ways amongst his grandchildren (me and my siblings), but nana made out a living trust naming the sisters chief trustees (thought their was no beneficiary named). The sisters stand to gain a home & barn worth about $200k along with 35 acres of prime real estate which, if developed, could reap several hundred thousand dollars. At least we want to retain a chunk of land for building a summer home on to, in a sense, continue our grandfather_s legacy. I_m certain the sisters would sell it all.

My question is: can we contest this? What are our chances, realistically? In several of the documents, the notary public_s signature has an expiration date below it (ex: _Exp 6/10/05_). Does anyone know what this does to the validity of these documents? Does it nullify them, unless a new signature and seal are applied? Also, does anyone know anything about the breaking of non-competition clauses? The sisters, as I said, had worked for a large, nationwide home care service, but when they caught sight of the hundreds of thousands they could swindle (and did, for several years) from our nana they quit the company, created their own company, and then immediately convinced our nana to sign them on. What would YOU do to expose these sisters for the con-artists they are? They are even trying to collect three weeks _severance pay_, totaling about $8000k, which they claim _she intended for us to have_. I_m so pissed off over this I could spit. My mission is to take these sisters down to the mat and expose them for the thieves they are. It_s bad enough that they cut off most of our calls, visits, mail, etc to nana; now they_re trying to cash in on our family legacy. Thanks for any replies.
Thank you for editing your post. A judge makes an incompetency decision based on the findings of the examination committee. The notary expiration date is for the notary to renew whatever he/she has to do to be a notary. It does not invalidate documents.

You are to be commended for your efforts. Adult Protective Services should have been called to do an investigation of the theives when nana was alive. You need to speak with an attorney ASAP. Find one that does Probate, Trusts, and Elder Abuse.
 

FrustratedInSF

Junior Member
Thanks for your response!

Thank you for editing your post. A judge makes an incompetency decision based on the findings of the examination committee. The notary expiration date is for the notary to renew whatever he/she has to do to be a notary. It does not invalidate documents.

You are to be commended for your efforts. Adult Protective Services should have been called to do an investigation of the theives when nana was alive. You need to speak with an attorney ASAP. Find one that does Probate, Trusts, and Elder Abuse.
My brother and I have already retained a Wills, Estates and Trusts attorney in Maine and are in the process of having my brother named PR/Executor, and are also seeking to name him (or our attorney) a Special Administrator so that he may legally enter my nana's home so that it may be maintained (heat turned on to prevent water pipes from freezing with winter coming, etc). Our attorney is also sending notification to the caregiver named as Successor of the Living Trust that this Will/Trust is being settled and also contested by us. I believe they have up to 120 days to contact us with their intentions, after which point they give up any legal right/s as purported beneficiaries of the Will/Trust.

Also, our attorney tells us that their has been no activity at the Registry of Deeds; that no paperwork has been filed for the transfer of property (the house, the land) from our nana's possession to any beneficiaries (e.g. the caregivers). He says this is a good thing. Would you agree, and what do you believe the caregivers may be doing/thinking since they have not entered a claim yet, nearly 4 weeks later?
 

BlondiePB

Senior Member
Also, our attorney tells us that their has been no activity at the Registry of Deeds; that no paperwork has been filed for the transfer of property (the house, the land) from our nana's possession to any beneficiaries (e.g. the caregivers). He says this is a good thing. Would you agree, and what do you believe the caregivers may be doing/thinking since they have not entered a claim yet, nearly 4 weeks later?
Yes, this is a good thing. Sounds like you have an attorney that is on top of everything, excellent. I can't speak for what these thieves are thinking. Perhaps they "stole" away with what they have in cash and headed for the border.
 

FrustratedInSF

Junior Member
I didn't think you'd be able to "speak" for what they might be thinking, but I was wondering if you might know what they might do or not do next, based on the fact that the deed transfer hasn't been run through the Registry of Deeds. ;) Anyway, thanks for your advice and vote of confidence. I will update this thread once a resolution is reached so that others who may find themselves in this predicament can learn from it!
 

BlondiePB

Senior Member
I didn't think you'd be able to "speak" for what they might be thinking, but I was wondering if you might know what they might do or not do next, based on the fact that the deed transfer hasn't been run through the Registry of Deeds. ;) Anyway, thanks for your advice and vote of confidence. I will update this thread once a resolution is reached so that others who may find themselves in this predicament can learn from it!
I don't see the property being put in the trust now unless there's a Pour Over Will that your attorney will deal with. You're very welcome for the help and vote of confidence. We do like to know outcomes, especially happy outcomes. Unforturnately, not too many posters come back with them. I'll be watching for yours. :cool:

Go get 'em, and best wishes,

Blondie
 
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Dandy Don

Senior Member
Your attorney will also want to find out if these sisters acquired power of attorney in order to determine whether or not to charge them with abuse of POA in addition to the other charges they are going to face.
 

lcannister

Senior Member
Just an opinion and aimed at no one but NO ONE of the face of this very earth could keep me away from a loved one IF I wanted contact with that person prior to the funds being distributed! NO ONE and I can not understand how this happens.
 

Dandy Don

Senior Member
lcannister, it's kind of hard to get access in the home when the evil caretakers control everything.

Frustrated in SF, please consider getting a second legal opinion about whether you have a strong enough case for contesting the trust--you may not have legal grounds to do so. Was the document prepared by a trust attorney and was that attorney selected by Nana or by the caregivers? It looks like Nana prepared the trust according to her wishes and maybe she was nice to the caregivers in gratitude for the care they gave her. It may be smarter to charge the caregivers with other criminal violations (elder financial abuse, abuse of POA) that you have a better chance of winning, rather than spending thousands of dollars on a trust case that you might lose.

It's unclear from your posting if there is an actual will and a trust or just a trust--is there also a will? That would not be unusual, but normally most assets are put into trust to avoid probate.

If you have not gotten a copy of the trust already, you need to ask the trustee for a copy of it. It is possible that anything given to the beneficiaries may be titled in the name of the trust and you need to find out specifically if that is the case.


DANDY DON IN OKLAHOMA ([email protected])
 

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