check out this letter

[AllUsKids]

I don't want to give the name of my State, at least not yet. Here’s a little family story.

There’s 4 of us kids, and one of us is crooked, this crooked child has managed to bilk more then $300,000 dollars from our last living parent, now this parent has Alzheimer’s, has always had a heart of gold, and the rest of us kids feels that our crooked sibling has taken advantage of the generosity of our last living parent.

This crooked child has managed to get the POA changed, has managed to get the will changed. And is now looting our last living parent's properties of all the valuables, this crooked child is trying to sell one of the properties to a friend of the crook, and refuses to disclose the details of the sale, stating that the sale of the property is none of our business.

The rest of us kids are in the discovery stage of the investigation, and Whoa!!, are we ever finding some incriminating evidence!!

This case crosses over three state lines, and we've contacted the APS of all three states, and state investagations have been launched by the three states as well.

This crooked sibling now has an Attorney, and we've contacted this attorney on a fact-finding mission, but to no avail.

What you are about to read is a letter from this Attorney, we're going to call this attorney "Mr. Attorney", and the crooked sibling, for the sake of protecting this case, has had a name change, we'll call our crook "Jane Doe"

What I'd like from this forum are some comments on this letter your about to read, just give us your thoughts and let us know what you think of this letter we just got from Mr. Attorney, we're really shocked by what Mr. Attorney wrote. please feel free to e-mail me personally or message back here to the forum ...thank you ....from one of the kids

here is the transcribed letter from Mr.Attorney, spelling errors and all.

Quote .....
Dear John and Joe
Thank you so much for your recent letters in which you express a genuine
interest in your father's health and happiness. I am so glad to see that you
are more concerned about your fathers well being then you are about his
assets. So many families do not share your expression of gratitude for the
care that your sister, Jane and your brother, Sam, have been providing for
your father. Especially admirable is the way you have defended your sister
for coming to your father's financial rescue by helping him pay the back taxes
on the property when the county had threatened to sell it at
a tax sale since he was three years delinquent on paying his property taxes.
Your father is in good, loving hands, and is very contented with his present
Living arrangements. Jane will continue to care for him and handle his
financial affairs in a responsible way. When and as it becomes necessary to
to do things, such as sell his house in Town, she will provide a full accounting
of her activities on behalf of your father. As a State resident, your
father has hired me to help him, and I am fully capable of helping him with all
of his legal and financial affairs, no matter where his real and personal
property is located. I am glad you understand this.
I also want to thank you for following my instruction, on behalf of your father,
to communicate with them only in writing and through me. As long as you
continue to communicate only through me, I do not see the need to obtain a
restraining order against either of you.

PAGE 2

I am enclosing two letters from someone who purports to be John Doe and
One letter from another person claiming to be Joe Doe in which very wild
and unsubstantiated claims of loss/theft/collusion, ect are made. Sadly, none
of these letters express love for a father or gratitude for people helping him,
when other siblings cannot or will not do so. Instead, these letters reflect the
very worst of human nature and reveal a need for long and thorough therapy
for the auther(s) to resolve whatever source grips their heart with so much
greed, anger, and malice. I encourage both of you to investigate who could
possibly have stolen your identities as caring and compassionate human
beings, and written these seriously misguided letters in your respective names
If by some chance I am wrong and you actually did write these letters, then
I suggest you retain the services of your own attorney-surely you have the
financial ability to do so-so I can communicate directly with him or her,
as it would be hopeless to have a positive, fruitfull discussion with the authors
of these letters.
Sincerely
Mr. Attorney
cc:Our Parent ....END QUOTE

Please take note on what they said about "Sam" ....they think Sam is on their side ....sam is not. ....and our dear Parent, well, Our Parent couldn't tell the difference between 1 dollar, and 10,000 dollars, and as far as us kids needing a restraining order aginst us? .....Our parent has heard nothing from us concerning our aligations aginst the crook, all we speak of when talking to our parent is happy things ....But we're hearing rumers ....rumers of the crook sugesting thoughts to the parent.

Now Poor old sam has another problem, ...since the crook found out that Sam is not on the crooks side, the crook says that sam can't see our parent anymore .....so as it stands right now .....there's 4 kids, one of us is a crook, and the crook won't let the rest of us see or speak with our parent.

the crook has uprooted the parent from the home the parent has lived in for the last 60 years, and won't let the parent come home ...in short, the parent has been isolated from the rest of the family.

the rest of us kids think a crime is being commited. ....Elder abuse

 

[ellencee]

AllUsKids
From the tone of the letter from the attorney, I'd say the attorney is very confident that his client(s) is operating within legal boundaries and that the rest of you stand little chance of proving any wrong-doing by his client.

If you and the rest are truly concerned, then hire an attorney to represent your interests. Without an attorney, you will continue to make mistakes in word and deed that will further hinder any chance of proving wrong-doing by the other sibling.

Alzheimer's does not always mean the person is totally incompetent, at least not until the very later and final stages. If your father was totally incompetent when he designated his Power of Attorney, there may be something you can do, but you are talking lots of money for representation, a trial, etc.

Is it elder abuse? not if your father and his affairs are being managed without harm to him. Depriving the remaining siblings of an inheritance is not elder abuse.

My advice is to hire an attorney ASAP before any of you make more mistakes in handling this. You've already given the 'crook' the upper hand by trying to handle this without an attorney.

EC

 

[Dandy Don]

It was a bit foolish NOT to post the state(s) involved--how can we know what state laws would apply in your situation?

(1) How did the POA change--from whom to whom?
(2) Was parent afflicted with Alzheimer's or its beginning stages when he signed the first POA and/or the 2nd one? If so, then it is may be possible to contest the POA or get it revoked.

Attorney was obviously influenced by Jane Doe to write this letter for the purposes of (1) trying to make Jane Doe look good (it doesn't mention the bad/questionable things she may have done, and (2) to intimidate you with the threat of restraining orders being issued so that you will not attempt any further communication with Jane Doe. Although you had a right to get your complaints off your chest, it was not smart to send those letters of complaint/collusion/theft because it tips your hand in giving your opponents the possible arguments you are going to use in court to complain against Jane Doe.

The details of the property sale you mentioned, if it is a land sale or home/real estate sale, are quickly going to be a matter of public record at the county assessor's office so you don't need to be too concerned about this since you can look up the details yourself.

There are many things you need to be discussing with your attorney:

These actions may or may not constitute elder abuse--you would need to find out what the legal definition of elder abuse is--I would think it's geared more towards assault to the individual and that does not seem to be happening here. Since funds were acquired by POA before the death occurred, it might even be possible that POA may not even have to provide any type of accounting to prove how this money is being spent.

Your attorney should be consulting with a family law attorney to find out whether it would be to your advantage to file for conservatorship or guardianship for this parent (which would have stronger legal authority than a POA would) and whether by doing so you could request a transfer of assets/funds to your control to help pay for parent's expenses. Since POA already has the money for this, maybe it's better to let them handle everything.

Your attorney will need to consult with a business law attorney or look at the law to determine whether ABUSE of POA has occurred (I think it has). In most states, just the POA alone DOES NOT give authority to change a will (but please don't let Jane Doe or her attorney know that you know this). If there is any way you have of getting a copy of the old will or the newer one, then you can make a pre-emptive strategy now on how you are going to contest the newer will if it turns out that POA did not give her authority to make changes. (3) What specific knowledge do you have about changes in the will? Was either will or both wills prepared with the assistance of an attorney?

(4) Do you have any idea as to what this estate will be worth, if anything? It looks like POA is raiding the estate of as many assets as it can and I'm worried that there will be almost nothing left!!!

(5) Whatever state the death occurs in is normally where the estate is going to be probated or is the determining factor of what state's probate law is going to apply, but it is also possible to have an estate probated in more than one state. Ask your attorney what is going to happen if parent dies in the state where he has been moved to and how that will affect the validity of the will.

DANDY DON IN OKLAHOMA ([email protected])