He convinced her to write him checks for $139,000. And he prematurely terminated an annuity costing her a minimum of $69,000 in fees, penalties & lost bonus. He lied to both of us, telling us the account had matured. He's his own employer and I can't find him listed in FINRA.
answered on Mar 2, 2024
Given the complexity of your situation involving elder abuse and financial misconduct across state lines, you may need to take legal action in both New York, where the financial advisor works, and Florida, where your mother resides. Start by consulting with attorneys who are familiar with both... View More
My mom was not aware of this loan nor was she in the loan. Is she still responsible for the amount owed?
answered on Mar 2, 2024
In this situation, your mom's responsibility for the forced loan would depend on the specific circumstances surrounding it. If your mom's name was simply on the bank account for administrative purposes or as a joint account holder, it doesn't necessarily mean she's automatically... View More
Neither have a Will. Can I sell the house without probate nor haveto give any proceeds to my step-dads children, because he wasn’t on the deed?
answered on Jan 23, 2024
I am very sorry for your loss on the passing of your dad, and I am very sorry for your mom and her illness at this stage of her life. You will want and need to speak with a Florida probate Attorney, they will want to review any property deed that you have, and it will have to be determined what... View More
Neither have a Will. Can I sell the house without probate nor haveto give any proceeds to my step-dads children, because he wasn’t on the deed?
answered on Jan 23, 2024
I am so sorry to hear about your mother's illness. Yes, because the property is in her name only and not in a trust or some other probate avoidance strategy, you will need to file a probate case to transfer the property to you when your mother passes away. If your mother's husband... View More
His 'caregiver' went into a 'relationship' with him whilst he had dementia. She has his ashes. There is no death certificate. How can we get his ashes back to his daughter in Australia?
answered on Jan 21, 2024
I'm sorry to hear about your uncle's passing and the complicated situation you're facing. To find out who your uncle's attorney or power of attorney was, you can start by checking any legal documents or records that your uncle may have kept, such as wills, estate planning... View More
I am in the middle of court case with criminal charges, for a crime I did not commit, the prosecutor wants to drop charges, but the supposed victim lies in the court and to the police statement and also refuses to let prosecutors to drop charges, and my case is costed my reputation n my life... View More
answered on Jan 12, 2024
You might have the option to file a civil lawsuit for defamation if someone is deliberately making false statements about you that are damaging your reputation. In cases where these statements lead to criminal charges, the situation becomes more complex, but the essence of a defamation claim... View More
My mother was brought down to Saint Cloud Fl by my aunt after her husband died on April 23. My aunt is planning on with a living man friend taking over my mother's Lower Manhattan NY apartment My aunt claims my mother doesn't want to talk with me but my mother never told me that and I... View More
answered on Nov 14, 2023
You didn't indicate what, if anything, is preventing you from going to your mother's place or calling her. That info would be necessary to determine what, if anything, a lawyer can do for you. Contacting your mother would also be the first step in determining what rights, if any, you... View More
I live in an area that is majority elderly. Elder abuse has become a huge problem and I know several people that have a hard time managing their money. I would like to offer POA services for things like managing bank accounts, paying bills, etc. Am I able to do that without being a lawyer? Am I... View More
answered on Aug 17, 2023
A person who has been given a power of attorney by another person is called an "attorney in fact". You don't have to be licensed to practice law, to be an attorney in fact, but be sure you don't engage in the practice of law or perform public accounting, because you have to be... View More
Is it legally binding? The signature of my mother is forged since she was incapacitated and not able to agree to this? What are my options to rectify this?
answered on Aug 7, 2023
In addition to requesting the court set aside the fraudulent deed, you could also ask for an order to quiet title. If your mother is still living and now capable of making decisions in her own capacity, she will need to bring the action herself. If your mother is still living and now incapable of... View More
1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.
2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... View More
answered on May 24, 2023
First, forgery is a crime that can be reported to the police, and can result in arrest. Whether you should report it in your situation is a decision for you to make based on factors that include the relationship you wish to have with the landlord and any potential retaliation (though retaliation... View More
1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.
2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... View More
answered on May 24, 2023
Send them written notification by certified mail that what they gave you was not the same as what you signed. If they seek to enforce terms different than what you signed, you can try to prove the different terms. But unless you kept a copy including your 'notes' and missing pages, you... View More
from me. I put her on deed and now she is not adhering to our agreement. She says she can do whatever she wants, it's hers. Help.
answered on May 19, 2023
I just wanted to add a couple of thoughts in addition to the above answer. If your agreement with your daughter is in writing and she owns the property solely in her name, you may have enforceable rights that would prevent her from excluding you from the property. If it is an oral agreement, your... View More
from me. I put her on deed and now she is not adhering to our agreement. She says she can do whatever she wants, it's hers. Help.
answered on May 19, 2023
Adding anyone to a Deed is always a potential dangerous change that is not advised, this is the far too common result. You will need to have the deed and circumstances reviewed, but based on what the deed states, your daughter is likely a partial or full owner of the property based on what you... View More
If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.
answered on Apr 22, 2023
If you had automobile insurance, the insurance company should obtain an attorney to defend you against this claim.
If a judgment is entered against you, and the judgment creditor garnishes the bank accounts, you will want to file a claim of exemption. At the exemption hearing, you would... View More
If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.
answered on Apr 22, 2023
Sorry, typo in my last answer, 4th sentence: "... at risk of you're not exempt..." should read: "...at risk IF you're not exempt..."
If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.
answered on Apr 22, 2023
Do you mean "on" her accounts as a joint account holder or only as a benefiary? Or are you a trustee, whose sole function is to administer a trust? That makes a difference. If you're a joint account holder, a portion of the funds may be at risk of you're not exempt from... View More
it has been a year now. my father was only in her facility for one month. lawyer says they can not subpoena the owner because we are not in litigation. What can i do to help my lawyer retrieve the records.
answered on Jan 23, 2023
I hope you get a useful answer on this forum, but if don't, the type of lawyer you need to look for to obtain another opinion depends on the reason you wish to obtain the records. If you suspect medical malpractice, contact a lawyer specializing in that area. If you want the records for some... View More
Deceased husband was already receiving his SSI. I was a housewife for 20 years.
answered on Dec 26, 2022
Unfortunately, the magic age is 60 (when your remarriage would not affect your ability to qualify for survivors benefits on your deceased husband's record). The exception to this is if you are above the age of 50 AND have a disability.
She lives in Florida and my father has dementia and we are finding out about unpaid loans and she doesn't want anything to compromise her home.
answered on Dec 7, 2022
Florida Homestead is protected from most creditors, in addition, your mom cannot remove your dad if he is on the deed unless she has power of attorney or some guardianship oversight, you may want to speak with and further discuss the specifics with a Florida estate planning attorney for more... View More
She lives in Florida and my father has dementia and we are finding out about unpaid loans and she doesn't want anything to compromise her home.
answered on Dec 5, 2022
No. Only the person named on the title can remove themselves. Your mother needs to consult with a lawyer that practices elder law to see what her options are and if getting a guardian appointed is feasible.
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