L
liargento
Guest
As attorney in fact of dad's assests since Jan.98, I discovered in Sept 1998 dad's brother had taken over $200,000 (leaving $20,000), accummulated solely from my dad's direct deposit of SS and VA benefits, from dad's savings account (jointly with brother for convenience --I do not know when title was amended),an attorney advised I needed to get conservatorship before I could persue brother legally or criminally. Is this valid advice? Was this the most appropriate course of action?
The attorney required his fee upfront, saying he would bring the conservator matter to court withing 6 weeks.
For more than 15 months,the attorney did nothing but procrastinate. I truly believe he expected my dad to die by now and not need to do anything for his very sizable fee.
Another attorney has suggested that I request a refund and/or claim of malpractice. Should I do this now? If so, how do I proceed.
2nd Issue:
Dad now has Alzheimer's.
To protect his only other asset from his greedy brother, the following strategy was followed since Sept, 1999.
Acting as his attorney in fact, Dad borrowed the full value of his Pa property from a S Corp whose 100% owner/president is my wife.
The mortgage is at a fixed rate of 15%/year. It was properly notarized but not recorded.
The proceeds of the mortgage received by dad were totally gifted in 3 separate events occuring 1999, 2000 and on
1-2-2001 to my adult children/spouse(s) and my wife and self. Gifts letters were signed by me as attorney in fact for my dad and by the recipients. The documents were executed in the presence of notary public.
My dad has made no payments on the mortgage.
Do we foreclose to get the property legally out of his name?
Worst case scenerio, is there a way to absolutely prevent his brother from pay the mortgage debt and somehow puting a lien on the property?
Should the S Corp file a lis pendence?
Are there other issues we have not thought about?
The attorney required his fee upfront, saying he would bring the conservator matter to court withing 6 weeks.
For more than 15 months,the attorney did nothing but procrastinate. I truly believe he expected my dad to die by now and not need to do anything for his very sizable fee.
Another attorney has suggested that I request a refund and/or claim of malpractice. Should I do this now? If so, how do I proceed.
2nd Issue:
Dad now has Alzheimer's.
To protect his only other asset from his greedy brother, the following strategy was followed since Sept, 1999.
Acting as his attorney in fact, Dad borrowed the full value of his Pa property from a S Corp whose 100% owner/president is my wife.
The mortgage is at a fixed rate of 15%/year. It was properly notarized but not recorded.
The proceeds of the mortgage received by dad were totally gifted in 3 separate events occuring 1999, 2000 and on
1-2-2001 to my adult children/spouse(s) and my wife and self. Gifts letters were signed by me as attorney in fact for my dad and by the recipients. The documents were executed in the presence of notary public.
My dad has made no payments on the mortgage.
Do we foreclose to get the property legally out of his name?
Worst case scenerio, is there a way to absolutely prevent his brother from pay the mortgage debt and somehow puting a lien on the property?
Should the S Corp file a lis pendence?
Are there other issues we have not thought about?