What is the name of your state?NY
Well I tried this post in the POA forum but to no avail. But I guess it deals with Civil matters as well. its a littly long, any thoughts or advice would be appreciated
Glad I found this forum. The issue I have was is a bit convoluted. My wife's great uncles are high functioning mentally disabled twins (in thier 60's). They worked all thier life, own two somewhat valuable properties (maybe worth 2 million or so) willed to them by thier mother. They live on a pretty generous pension. Both are considering thier disabilty are pretty active.
Over the years they gave POA to my wifes grandfather and his second wife. He recently died. (March). They asked my wifes mother to take POA since the they did not like his second wife all that much.
When my mother in law started to go though the accounts, she started finding loans paid to the wife, her son, payments for the wifes car, etc etc. I estimate prob over the last 5-10 years they embezzled at least $48,000. Probably more since there are no records further back. No loans have been paid back.
Meanwhile the widow's son, sons wife and 5 kids are living in one of thier properties rent free for the last 8 years (FMV 2k/month rent) and they are living in a 2 flight walkup apt over the the comercial property they own. (one has a bad leg and is on a walker).
Anyway, we contacted a lawyer and the county DA. The guys decided they want thier house back (they grew up there) and we started eviction proceedings. The DA has told us flat out that he is really not interested in prosecuting a 80 yr old widow. though we are going to the next county over to try our luck there. (the house is one county the widow is in another). The son in fairness, did fix up the kitchen (perhaps 20k worth) though to my knowledge he was never hired to do it. No contracts exist anywere.
They have launched a lawsuit in excess of 5MM against my mother inlaw and the twins. I havent read it yet, but it alleges defemation of character, mental anquish, non-payment of improvements of the house. (which they allege 250k, nonsence)
Now couple of questions
1) Can the twins go after the 8 years of rent though previous POA was letting the son live there rent free
2) If we can prove that none of the loans were paid back (which I can) and payment to the previous POA for non related personal expenses do they have a leg to stand on in the lawsuit.
3) Stealing from people is one thing, Stealing from your mentally disabled family member is something completely different. These people are scum, (I knew that before he died). and I desparately want to make thier lives miserable. If I contact the IRS, would they demand tax payments on the unpaid loans and FMV of the rent? would that be advisable.
4) The son's wife confronted the twins and shouted obscentities at them. While its not that big of deal to normal people, it is for two mildly retarted men who dont deal with confrontation well. Is that enough to file an assault charge or file a restraining order.
5) is the son entitled to collect the 20K (or whatever) for the improvements of the house although he is not able to produce a work order and no one ever hired him.
6) if we can prove the 48k was embezzled or loans not paid back can we put a lien on the widows house and what would that require.
7) any other advice or suggestions would be appreciated
Thanks for listening
Well I tried this post in the POA forum but to no avail. But I guess it deals with Civil matters as well. its a littly long, any thoughts or advice would be appreciated
Glad I found this forum. The issue I have was is a bit convoluted. My wife's great uncles are high functioning mentally disabled twins (in thier 60's). They worked all thier life, own two somewhat valuable properties (maybe worth 2 million or so) willed to them by thier mother. They live on a pretty generous pension. Both are considering thier disabilty are pretty active.
Over the years they gave POA to my wifes grandfather and his second wife. He recently died. (March). They asked my wifes mother to take POA since the they did not like his second wife all that much.
When my mother in law started to go though the accounts, she started finding loans paid to the wife, her son, payments for the wifes car, etc etc. I estimate prob over the last 5-10 years they embezzled at least $48,000. Probably more since there are no records further back. No loans have been paid back.
Meanwhile the widow's son, sons wife and 5 kids are living in one of thier properties rent free for the last 8 years (FMV 2k/month rent) and they are living in a 2 flight walkup apt over the the comercial property they own. (one has a bad leg and is on a walker).
Anyway, we contacted a lawyer and the county DA. The guys decided they want thier house back (they grew up there) and we started eviction proceedings. The DA has told us flat out that he is really not interested in prosecuting a 80 yr old widow. though we are going to the next county over to try our luck there. (the house is one county the widow is in another). The son in fairness, did fix up the kitchen (perhaps 20k worth) though to my knowledge he was never hired to do it. No contracts exist anywere.
They have launched a lawsuit in excess of 5MM against my mother inlaw and the twins. I havent read it yet, but it alleges defemation of character, mental anquish, non-payment of improvements of the house. (which they allege 250k, nonsence)
Now couple of questions
1) Can the twins go after the 8 years of rent though previous POA was letting the son live there rent free
2) If we can prove that none of the loans were paid back (which I can) and payment to the previous POA for non related personal expenses do they have a leg to stand on in the lawsuit.
3) Stealing from people is one thing, Stealing from your mentally disabled family member is something completely different. These people are scum, (I knew that before he died). and I desparately want to make thier lives miserable. If I contact the IRS, would they demand tax payments on the unpaid loans and FMV of the rent? would that be advisable.
4) The son's wife confronted the twins and shouted obscentities at them. While its not that big of deal to normal people, it is for two mildly retarted men who dont deal with confrontation well. Is that enough to file an assault charge or file a restraining order.
5) is the son entitled to collect the 20K (or whatever) for the improvements of the house although he is not able to produce a work order and no one ever hired him.
6) if we can prove the 48k was embezzled or loans not paid back can we put a lien on the widows house and what would that require.
7) any other advice or suggestions would be appreciated
Thanks for listening