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If a durable power of attorney was hidden from you with a trust agreement given to one sibling, and a will never probated. What

Long Beach, NY |

Do I do. My father died 8 years ago and I just find all this hidden documentation . at moms house? I asked the attorney and my sister. They will not answer. The only answer that was given was that my sister took the trust agrrement. Isn't the attorney and my sister responsible for telling me( beneficiary and co trustee w/ stamped durable POA in Nassau County) about what my Dad let my mother and me. Why did they hide the POA from me I helped my Dad at hospital for 8 months. My mom does not speak English and I am trying to piece together the events. What should I do first with an attorney search the unprobated will or trust documents is it too late ? I just found these hidden docs a few months ago?

Attorney Answers 3

Posted

I agree with the other answers that you must consult with a lawyer ASAP. It is sad that you were caring for your father, while your sister stole the document, but this is a common situation. It would be very important to me if you had it in writing from the lawyer that your sister took the trust. Does the lawyer have the EIN number? Does the lawyer have a copy of it? FYI, lawyers most often retain a copy of work. You yourself can not handle this matter. However, whether you should invest in a lawyer to find the trust depends on what proof you have. Tax returns of the trust? If not, maybe the accountant has copies. I would suggest that you invest in at least getting some authority over the estate in the form of a petition for letters of administration. This often brings the will ( and even a trust) to the table. If nothing else, you could commence a turnover and get a judgment against her. There are just too many scenarios to review. Consult a very experienced lawyer ASAP.

All information provided by me on this site is general in nature. No attorney client relationship is created by participation on this site. No attorney/client privilege attaches to any communication on this site.

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Asker

Posted

Thanks Miss Siegal, You have my scenario down pat. and Yes I do have the attorneys Letters that states my sister did in fact pick up documents of My Father's Trust by my sister, a separate signed document by attorney and My sister. I also have the original stamped power of attorney signed to me and my siblings sent to my Moms house not our own houses. I also have a response from this attorney that she will not tell me any more (HUH?) I beleive I have enough here to start before other family estates that were robbed. Why my first attorney jumped the ship I don't know but I can just sumise. My new attorneys are very slow maybe careful I hope. I am almost 99% certain that my sisters attorney is a very powerful, well connected attorney that will not let stupid little me get in the way of her corrupt career, so she will do just about anything to stop me from moving forward. Thanks so much for your response and others too. I will not stop..and if I am forced to because of money that's okay because there is always 2 ways to skin a cat" eww sounds gross. Thank you.. Nassau County, NY

Sharon Melissa Siegel

Sharon Melissa Siegel

Posted

You are welcome. Don't be afraid of big Nassau firms that seem connected - I can almost guess which firm you are speaking of, but Nassau County is full of a lot of new faces right now since the new Surrogate. Good luck.

Asker

Posted

Really,I am not afraid of the surrogates courts, I am very discusted in the way lawyers judges decide which case has more value and expediency. Throw other out. how could you tell who I am speaking of? That firms still runnng.

Sharon Melissa Siegel

Sharon Melissa Siegel

Posted

There are one or two firms that match your issue. Don't fear all lawyers or all judges. We in the end are all just people. I wish you good luck. Sent via BlackBerry by AT&T

Asker

Posted

Thank -you Mellissa, I know not all lawyers and judges are bad. I just happen to have a choice of the 98% left

Posted

Your factual situation is less than clear and with the long time frame and possible statute of limitations arguments, you must immediately retain an estate litigation attorney. Together you can get the factual time line cleared up, see what if anything was filed with the register of wills or probate court and finally determine what your rights are and if you have a cause of action in this matter.

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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com . and his blog is >

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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Asker

Posted

Thanks Mr. Fromm, yes I have been on a mission for a year now with great attorneys and corrupted ones too. Thanks I will find out soon

Steven J. Fromm

Steven J. Fromm

Posted

Thanks for the follow up and best of luck to you on your legal journey!

Posted

You need to confer with an attorney at your earliest opportunity. The attorney can review the documentation and advise you of your rights. Do not delay any longer.

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Asker

Posted

Hi Mr Shiles and Thank -you, you are one of many that say do not delay.. What do you suggest. I have another set of attorneys and call almost everyday. I gave them all plus information they need, I think they are busy.. What do yu think I should say or do Its been almost 2 years now and I most have given out millions of doc's. since. They been reveiwed to death. Can you give me another way of putting a little fire under attorneys butts to start? Thanks Nassau County, NY

Jerry E Shiles

Jerry E Shiles

Posted

If the attorneys with whom you are talking haven’t done anything in two years, I recommend you do what patients are told to do — get a second opinion. No one wants to waste money, but if things are as bad as you say, a two year delay is long enough. You might tell the attorneys that you need something done within the next two weeks-30 days or you will have to retain someone else. And if you have to go elsewhere, be sure your current attorneys provide you with a detailed list of all they have done and copies of all pertinent information. It may be that this case is so complicated it has taken this long to decide how to proceed, but it is time for something to be done.

Asker

Posted

Thanks, I did just that and then are proceeding Thanks Mr Shiles you are too kind

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