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My Dad passed away in Feb. leaving a $2M+ estate. My Mother probated the will last week. I was written out in 2006! Need help!

Clermont, FL |

My only sister has "controlled" my parents for the past 30+ years and now has virtually "acquired" all of their assets. In 2011 my 84 yr. old Mother killed a motorcyle rider after running a red light. She's being sued for everything. I recently found out that she "transferred" to my sister (through $1 quit claim deeds that her local attorney prepared) nearly $750K worth of family real estate and businesses. I warned her that this was a fraudulent transfer of assets and she could be prosecuted but my sister now has my Mother hooked up with HER personal attorney who is assuring my Mother the case will never go to trial and not to worry about the transfer issue. I'm considering an "elder abuse" action against my sister. After my Mother dies she gets everything in Dad's will also.

This has created a very bad family situation. The lying and deceit are the worst part as my son was very close to his Grandfather and he is crushed. My Dad died under suspicious circumstances. He was left alone for a month while my Mother and Sister vacationed in Mexico. They knew I would never approve of him being left alone since he just had two serious heart and lung hospital stays. He died two weeks after they returned and had not seen his Dr. for over two months! Something is very wrong here. My Mother and sister never even called me when he died, they called my son that night and he called me. When I called my Mother the next morning her first words were "he didn't suffer". I was shocked........and sickened at the same time. We had just celebrated Thanksgiving a few months prior and he was walking again and even staying up late at night, something he never did. Maybe this is a police matter?

Attorney Answers 5


It would be prudent for you to consult with an elder abuse attorney as soon as possible.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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I am sorry that you are going through this, please work with a local probate/ elder abuse type attorney in your area and he or she will help you through this process, take care and I hope that things work out.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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If you believe there is something suspicious about your father's death, you need to hire an attorney who can get the case re-opened and properly investigated. Seriously though, there is nothing that anyone on this forum can tell you in a paragraph that will help you sort this out. Seek the advice of an elder law attorney in your area to assist you.

Carol Johnson Law Firm, P.A. : (727) 647-6645 : : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

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I agree with my colleagues. I would simply add that unless you have very compelling evidence in support of your beliefs, then you need to think long and hard before doing anything. You have the burden of proof against you, and suing family members is never a pleasant experience. Suspicions will not win this for you. An attorney might be a great benefit to you.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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If your mother has mental capacity and if she is acting of her own volition, she is free to make lifetime gifts of her assets. However, you are correct that under these circumstances the transfers could be considered fraudulent. As for your father's passing, it may have been due in part to neglect but it is unlikely that would be a basis for any criminal investigation or legal action. I agree that you should probably consult a lawyer. However, the best way to try to regain your inheritance is for you to work on your relationship with your mother.

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