What is the name of your state (only U.S. law)? NY but question is for Fla law
This is complicated and confusing. My Mom was killed by neglect in an ALF in Fla. After much research, I found a good atty that would take our case on behalf of my mothers neglect. My sisters and I and my Moms husband were supposed to be named on this suit. Moms husband neglected to do this and then decided that any and all settlement monies would go to a church. This church seems to prey on the elderly. They wooed him after Moms death and never did a thing for her when she was suffering from Alzheimers or in the ALF. Mom was not a member of this church.
Here is the complicated part: There are 2 lawsuits going on- one against the ALF itself and the other against the company that is contracted out for the caretaking of the residents. Mom's husband has put in a trust that all money from the suits go to the church. This has been done with an estate attorney.
However, he also gave his son power of attorney. This son of his was cruel to my Mom and my sisters and I are not happy about this. My Mom hated him and never had anything to do with him. We are pretty hurt that Moms husband has turned his back on us as we were a happy family. We all visited them yearly and always did things for them. We loved our Mom dearly and she loved us. We loved her husband too and treated him as our own Dad.
I have spoken to the para-legal with the attorneys office many times and she always asured me if anything happened to my Moms husband the suit gets turned over to us kids (adults). However, last time I called, the attorney told me that was wrong and he has no say so over what happens after the suit is resovled. He does not represent my Mom, her husband or us sisters but only my Moms estate. I am so confused.
Some of my questions are:
Is there a way to contest this trust thing with the estate attorney?
If Moms husband dies, does it hold that the money goes to the church?
If not, then does the money go to husbands son?
Is there anything we can do???????
I found the attorney, did all the foot work, coordinated all this for my Moms husband, and desired so strongly to be able to have some input on what that ALF did to my precious Mom. I wanted to work with the attorney so we could contact the local news groups and get the word out on the elder abuse in the area with the ALF's. I need for my Mom not to have to died in vain. Instead, I am really not allowed to even talk to the attorney (but he was kind enough to give me a few minutes). Instead, Moms husband has been brainswashed by this church and has made up his mind and turned his back on us. Mom would be so upset.
What really burns me up, if he wanted to insist that any money from the suits go to a good cause, then it should go to animal rescues as that is what Mom was involved in her entire life and her passion. She not only physically rescued animals her entire life but she gave to all the good organizations. This church was nothing to her.
Do we have any recourse? Will things change legally when her husband passes away? Is the trust with the estate attorney binding forever? Is there a possibility that his son can change it after Moms husband passing due to the fact that he has power of atty and can he keep the money that would be for MY MOMS pain and suffering and death?
Sorry this is so long. I am just so confused, hurt and angry. My Mom deserves better than this.
If there are no answers to these questions, could someone tell me who I can talk to for advice? I am hesitant to contact the estate attorney that my Moms husband has for fear he will inform him of my inquiries. Also, they probably won't even talk to me.
Thank you to anyone that takes the time to read all this and answer.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
This is complicated and confusing. My Mom was killed by neglect in an ALF in Fla. After much research, I found a good atty that would take our case on behalf of my mothers neglect. My sisters and I and my Moms husband were supposed to be named on this suit. Moms husband neglected to do this and then decided that any and all settlement monies would go to a church. This church seems to prey on the elderly. They wooed him after Moms death and never did a thing for her when she was suffering from Alzheimers or in the ALF. Mom was not a member of this church.
Here is the complicated part: There are 2 lawsuits going on- one against the ALF itself and the other against the company that is contracted out for the caretaking of the residents. Mom's husband has put in a trust that all money from the suits go to the church. This has been done with an estate attorney.
However, he also gave his son power of attorney. This son of his was cruel to my Mom and my sisters and I are not happy about this. My Mom hated him and never had anything to do with him. We are pretty hurt that Moms husband has turned his back on us as we were a happy family. We all visited them yearly and always did things for them. We loved our Mom dearly and she loved us. We loved her husband too and treated him as our own Dad.
I have spoken to the para-legal with the attorneys office many times and she always asured me if anything happened to my Moms husband the suit gets turned over to us kids (adults). However, last time I called, the attorney told me that was wrong and he has no say so over what happens after the suit is resovled. He does not represent my Mom, her husband or us sisters but only my Moms estate. I am so confused.
Some of my questions are:
Is there a way to contest this trust thing with the estate attorney?
If Moms husband dies, does it hold that the money goes to the church?
If not, then does the money go to husbands son?
Is there anything we can do???????
I found the attorney, did all the foot work, coordinated all this for my Moms husband, and desired so strongly to be able to have some input on what that ALF did to my precious Mom. I wanted to work with the attorney so we could contact the local news groups and get the word out on the elder abuse in the area with the ALF's. I need for my Mom not to have to died in vain. Instead, I am really not allowed to even talk to the attorney (but he was kind enough to give me a few minutes). Instead, Moms husband has been brainswashed by this church and has made up his mind and turned his back on us. Mom would be so upset.
What really burns me up, if he wanted to insist that any money from the suits go to a good cause, then it should go to animal rescues as that is what Mom was involved in her entire life and her passion. She not only physically rescued animals her entire life but she gave to all the good organizations. This church was nothing to her.
Do we have any recourse? Will things change legally when her husband passes away? Is the trust with the estate attorney binding forever? Is there a possibility that his son can change it after Moms husband passing due to the fact that he has power of atty and can he keep the money that would be for MY MOMS pain and suffering and death?
Sorry this is so long. I am just so confused, hurt and angry. My Mom deserves better than this.
If there are no answers to these questions, could someone tell me who I can talk to for advice? I am hesitant to contact the estate attorney that my Moms husband has for fear he will inform him of my inquiries. Also, they probably won't even talk to me.
Thank you to anyone that takes the time to read all this and answer.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
