Help with self dealing POA taking my childrens inheritance

[natalieb]

Addendum to the self-dealing POA

I have just found out that the wife-POA- who changed all of his estate to her name here in Conneciicut owns property in New York. I was wondering if there is any type of law in New York about community property across state lines
. Connecticut is not a community property state so she is safe here but since she has property in New York could it mean that since they were married he had some portion of that .... and if so I could request it as part of my feduciary as it would be part of his estate?
Can anyone follow my logic?
Thanks again for all your help!!

 

[BlondiePB]

I have just found out that the wife-POA- who changed all of his estate to her name here in Conneciicut owns property in New York. I was wondering if there is any type of law in New York about community property across state lines
. Connecticut is not a community property state so she is safe here but since she has property in New York could it mean that since they were married he had some portion of that .... and if so I could request it as part of my feduciary as it would be part of his estate?
Can anyone follow my logic?
Thanks again for all your help!!

There are 5 community property states where her property would also be his. These are CA, WA, TX, AZ & WI. It is a business day. Get yourself appointments with attorneys for some consultations. Your issues cannot be resolved on the internet. Please delete your other thread as keeping all the info together is important.

 

[rmet4nzkx]

As Blondie said, you really need to consult an attorney, however, this is good news in that while she may have liquidated his estate and that you may eventually be able to be granted osme sort of judgement against her, at least she has assets from which to recover , but you still need an attorney to assist you.

 

[pojo2]

just to interject a slight bit of reality here, this is going to be expensive to fight and possibly take several years and at the end of all that expense and time you may end up with nothing but bills you can not pay and not a chance in hades of collecting one single dime on all this.

YOU and YOU alone can make the decision to go forth based on all you know about her. At minimum you should spend a few hundred for a consultation with an Atty with all facts in hand and see what the opinion is.

 

[natalieb]

thanks for your help

Thank you again....
I just wrote a reply and lost it....somewhere is cyberspace...so hope it doesnt send twice on me.
Just basically want to thank you all for your help....
I did consult an atty in the beginning...it was an entire weeks pay for the consult but he is a very respected atty. and was recommended. He was great and told me that she had probably already hidden all the money and that there was a way for me to get more of the infomation ...
that the "irrevocable" clause in our divorce decree for 150,000. was the only real ligitmate claim .... and to go to probate as a creditor...which i did and was made feduciary...not without a fight...her atty was there but the judge awarded me the administratrix.
The atty did this as he said I would spend thousands just getting the medical documentation and change of benefiary things needed to bring this to superior court....which is where he felt it would need to go.

I am saddened to think that I will probably lose and it will come to nothing....and as you have said probably should just let it go as there is " not a chance in hades of collecting one single dime on all this."

But .... I am near to that point with a mountain of documentation....all clearly proving fraud and illegal changes to the life insurance....and the fact that since he had alzheimers ....and she made these changes without his knowledge...and sold his house with her POA....which he had no idea she had....

But....because she has the money to get an intense lawyer...she will probably win....even though she is a criminal ....
where is the judicial system in all this....
sorry...but it seems a real crime that i have to spend even a dime and that my children should have to suffer because of me at all....because I didnt press for child support and put their relationship with him ahead of monetary things...
I dont know... i am very frustrated .... as you can tell.... and am so appreciative of all your help and time...it has been priceless....

You would think insurance fraud and elder abuse wouldnt be legal...

Thank you all again....

 

[rmet4nzkx]

Thank you again....
I just wrote a reply and lost it....somewhere is cyberspace...so hope it doesnt send twice on me.
Just basically want to thank you all for your help....
I did consult an atty in the beginning...it was an entire weeks pay for the consult but he is a very respected atty. and was recommended. He was great and told me that she had probably already hidden all the money and that there was a way for me to get more of the infomation ...
that the "irrevocable" clause in our divorce decree for 150,000. was the only real ligitmate claim .... and to go to probate as a creditor...which i did and was made feduciary...not without a fight...her atty was there but the judge awarded me the administratrix.
The atty did this as he said I would spend thousands just getting the medical documentation and change of benefiary things needed to bring this to superior court....which is where he felt it would need to go.

I am saddened to think that I will probably lose and it will come to nothing....and as you have said probably should just let it go as there is " not a chance in hades of collecting one single dime on all this."

But .... I am near to that point with a mountain of documentation....all clearly proving fraud and illegal changes to the life insurance....and the fact that since he had alzheimers ....and she made these changes without his knowledge...and sold his house with her POA....which he had no idea she had....

But....because she has the money to get an intense lawyer...she will probably win....even though she is a criminal ....
where is the judicial system in all this....
sorry...but it seems a real crime that i have to spend even a dime and that my children should have to suffer because of me at all....because I didnt press for child support and put their relationship with him ahead of monetary things...
I dont know... i am very frustrated .... as you can tell.... and am so appreciative of all your help and time...it has been priceless....

You would think insurance fraud and elder abuse wouldnt be legal...

Thank you all again....

Now that you have all this evidence and now know that she has RE holding in NYstate, now is the time to go back to an attorney.

 

[pojo2]

Now that you have all this evidence and now know that she has RE holding in NYstate, now is the time to go back to an attorney.

Yep, especially before giving up!

I am saddened to think that I will probably lose and it will come to nothing....and as you have said probably should just let it go as there is " not a chance in hades of collecting one single dime on all this."

So many times when these estate problems crop up the Atty's end up with the bulk of the estate in LEGITIMATE legal fees and the person who was fighting for their legitimate rights ends up with very little. That is why it is so essential for people to properly make their desires known and make sure that over time that continues to be the way they wish things handled!

Again only YOU can determine, with appropriate legal advice, when you say enough is enough. It will be a long and expensive venture but IF you stand a darned good chance of recovering then I would at minimum see the Atty again first.