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Do I have a law suit?

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4yourisonly

Junior Member
What is the name of your state? GA

My sister is trying to get guardianship of my father because he has alzheimers. She is already the POA and his medical guardian. But my brothers constantly complain to her that she is doing things wrong and recently have started sending emails saying that they think she is spending my father's money on herself, etc. This couldn't be further from the truth.

Yesterday, she received a countersuit filed by one of my brothers, contesting the guardianship. One of the statements in his countersuit is "Upon information and belief, Margaret White transferred significant assets owned by (dad) (formerlyin Cd's) into a long-term annuity, naming herself and (me) as beneficiaries."

This statement is untrue. She did, upon recommendation from the bank, transfer funds, but the transfer has resulted in a profit of $40,000. AND the funds were not transferred into our two names, but are in all 5 of our names as everything else is.

My question is, would I have a case to sue my brother for making this statement in this countersuit about me?

Thanks, let me know if you need more details.
 


seniorjudge

Senior Member
Q: My question is, would I have a case to sue my brother for making this statement in this countersuit about me?

A: No. Statements made in court pleadings are absolutely privileged.
 

Dandy Don

Senior Member
So why hasn't she shown the other side documented proof of how the CD is designated to beneficiaries, so that they will withdraw the suit?

She also needs to make sure she keeps receipts of how she has spent this money in case she needs to defend herself in court.

DANDY DON IN OKLAHOMA ([email protected])
 

tranquility

Senior Member
I agree with SJ that you don't have a suit for the pleading. However, you do have a problem.
Upon information and belief, Margaret White transferred significant assets owned by (dad) (formerlyin Cd's) into a long-term annuity, naming herself and (me) as beneficiaries
and
This statement is untrue. She did, upon recommendation from the bank, transfer funds, but the transfer has resulted in a profit of $40,000. AND the funds were not transferred into our two names, but are in all 5 of our names as everything else is.
Are you saying that there were assets titled to dad that are now titled in your and all the children's name? If you did not get permission from the court for this you may have a problem. Generally, a POA does not give the right to give gifts of the principal's assets without court oversight. And, even if the POA specifically gives the right to give gifts, there are usually statuory prohibitions on a Attorney in fact from giving themselves a gift. There are also tax issues involved.

Were the assets titled in dad's name before? Has the title changed to the kid's names now? Did you get permission from the court for this? If the answer to the first two are yes and the third no, you may have a problem.
 

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