Richard Irwin Kantner Jr.'s Answers

What recourse do we have against holder of power of attorney that defrauded mentally ill person's estate under MO state law

A Power of Attorney (agent) has a fiduciary or financial responsibility to the principal (in this case your dad). To what extent and how that is determined will be guided somewhat or mostly by your state's laws; however, generally speaking an agent in this scenario has a duty to keep records or monies spent, as well as incoming money, and records kept for items that were sold or otherwise disposed of. An agent must not self-deal or in other words, use the pwoer of attorney to give herself...

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Falsely Accused of Elder Abuse :(

The first thing that you need to do is to sit down with an attorney familiar with this type of matter. Each state may have different or multiple investigating authorities (police, sheriff, an elder abuse investigator from the State and so on); however, physical abuse or allegations of abuse, whether of an elderly person or a younger person, is a serious matter that could lead to criminal charges being brought for battery among other charges, for instance. Before speaking with another...

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If my husband died without a will, can our home still go into probate?

A review of the deed by a Florida attorney would be necessary to determine if your life estate was created by the deed or by operation of law due to Florida's constitutional homestead language. If your name is not on the deed, then it is likely that a probate case will neeed to be initiated. Again, I recommend that you contact a Florida licensed attorney to get a definitive answer to your question.

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How do I begin to file a Motion to Set Aside Default Judgement?

This is not a matter that I would suggest you handle yourself; you really should hire an attorney to represent you in this matter. There may be grounds to get the Summary Judgment for Default usually issued due to failing to legally respond to a Complaint or show up in court. You may be able to argue Excusable Neglect (you missed the hearing or missed the answer period requirement because .... mis-calendared it, had the wrong date, etc. Whether to judge will accept your excuse is unknown...

I have a tenant that is living in a property without a lease, we have an oral agreement- how can I get her to move out legally?

Most states will have a procedure for eviction and the laws of the state of Virginia will dictate how you will need to go about inititiating the eviction process. For example, you might have to give a certain number of days notice to pay rent or otherwise leave the property. Once that time period has run and the tenant remains then you would have to file to official court paperwork/lawsuit. Each State will vary, so you should consult with a Virginia-licensed attorney who is familiar with the...