Please help - where do I go from here

[mthomas222]

I have an elderly mother who became ill several years ago -- she suffers from hydrocephalis (water on the brain) and is "not all there". Her second husband who she married later on in life has been caring for her and recently informed us that he will be divorcing her. My mother went into the marraige with much more in assets than this man. Lets say she went into the marriage with a networth of $3 million and he was worth about $200k (an assumption). I have a good feeling that when the books are opened up, there's a) not going to be a lot of money left in their joint account or funds b) little money in her account c) lots of money in his account. Has anyone had a similar experience or have they heard of this happening before? Any legal advice on the situation? I can provide more info upon request.

This is all happening in -- where else -- the state of Florida.

 

[Dandy Don]

Please provide more details so that we can understand the situation more clearly.

Has she made out a will (preferably with the assistance of a probate attorney) and do you know where it is?

Did she have him sign a pre-nuptial agreement or ante-nuptial agreement before or after the marriage?

Do you know for sure whether he is on her bank accounts as a joint account owner or beneficiary?

Has he gotten a signed power of attorney from her?

May not be much you can do since he is legally her husband but at some point you need to be talking to a family law attorney to see if a guardianship from you would be necessary or not or what signs to look for to determine whether this man is guilty of elder financial abuse.

DANDY DON IN OKLAHOMA ([email protected])

 

[BlondiePB]

The only guardian this dude could even possibly be is a natural guardian to his own children - if that. He has a criminal record - Assault and Battery. Check his other posts and you'll see that he is NOT fit to be anyone's guardian. And to top it off, this dude thinks that these things happen only in the state of Florida. How insulting! Who knows, maybe this is one of his college assignments.

 

[mthomas222]

The only guardian this dude could even possibly be is a natural guardian to his own children - if that. He has a criminal record - Assault and Battery..

How about we keep our focus on the question at hand. I hardly think that a dismissed disorderly conduct, a dismissed assault & battery, and 1 speeding ticket constitutes a "criminal record"...but hey, you're the "expert" here.

Check his other posts and you'll see that he is NOT fit to be anyone's guardian.

Amazing how you can come to this conclusion with such authority, after reading my other 10 or so posts on legal questions...

And to top it off, this dude thinks that these things happen only in the state of Florida. How insulting!

No, not saying that this only happens in Florida...only making a generalization because Florida happens to have a large elderly population.

Who knows, maybe this is one of his college assignments.

Yes, it's my for my college thesis, entitled "Asking legitimate legal questions and the idiots who don't answer them but trash the post'er" (The title still needs a little bit of work) Believe it or not a lot of my research actually includes many of the prima donnas on this exact site! -- Can I quote you in it Blondie?

Now back to the situation:

1. A will was made out after the first marriage ended. But MAY have been revised...POSSIBLY after my mother incurred this medical condition.
2. As far as I know, no nuptials were ever signed.
3. The situation as of 7 years ago was that each individual had their own accounts and they had one joint account.

Also - Are there any ramifications for moving large sums of money from the joint account to his individual account and then say gifting the money to his nieces/nephews etc. I dont know if my mother was aware of this due to her condition. Even if she "signed" everything over to her and he moved all of her money into his accounts - is she still not entitled to it after the divorce - in case she needs to go into a nursing home.

 

[seniorjudge]

I have an elderly mother who became ill several years ago -- she suffers from hydrocephalis (water on the brain) and is "not all there". Her second husband who she married later on in life has been caring for her and recently informed us that he will be divorcing her. My mother went into the marraige with much more in assets than this man. Lets say she went into the marriage with a networth of $3 million and he was worth about $200k (an assumption). I have a good feeling that when the books are opened up, there's a) not going to be a lot of money left in their joint account or funds b) little money in her account c) lots of money in his account. Has anyone had a similar experience or have they heard of this happening before? Any legal advice on the situation? I can provide more info upon request.

This is all happening in -- where else -- the state of Florida.

Mom needs a lawyer yesterday.

 

[lwpat]

Hopefully you can figure out some way to be alone in the house with your mother. If she is at all coherent she needs to retain an attorney. Otherwise you need to retain one for her. A day trip to the park is always a good excuse to get her out of the house and to his office. Try to find any papers and make a copy. Take a small copying machine with you. What you are looking for is bank statements, tax returns, etc. Check the trash. This all needs to be done with your mother's permission. If she has a will and you can find the original have her attorney take possession so it does not disappear.

If you have any brothers or sisters you need to all get on the same page.

Blondie is one of the better posters on this page. Haven't looked at your other posts but can't fault her reply based on your original post with so little information.

 

[BlondiePB]

Hopefully you can figure out some way to be alone in the house with your mother. If she is at all coherent she needs to retain an attorney. Otherwise you need to retain one for her. A day trip to the park is always a good excuse to get her out of the house and to his office. Try to find any papers and make a copy. Take a small copying machine with you. What you are looking for is bank statements, tax returns, etc. Check the trash. This all needs to be done with your mother's permission. If she has a will and you can find the original have her attorney take possession so it does not disappear.

If you have any brothers or sisters you need to all get on the same page.

Iwpat, the OP does not live in Florida. His mom needs an attorney and a different sibling needs to be the mother's guardian - one that is eligible.