Re: I need advise!

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What you can do are several things. Go to your local
county legal aid and have one of their counsel assist you.
The laws differ from state to state, but as a general rule
an executor of an estate is not permitted to be a
beneficiary in any form, neither is that person allowed to
use undue influence over an incompetent person to gain an
advantage as appears to have happened here. An injunction
could be obtained to freeze whatever assets may remain from
the deed of trust on the house, and possibly enjoin the
foreclosure until such time as the matter could be properly
probated. This is a clear case of breach of fiduciary duty.
Since there was no will or trust, the law of intestate
succession will control, and that means that each of her
surviving issue should have obtained a share of value of the
home at time of sale. A person in end stage dementia would
arguably even lack competence to contract, or even sign a
document such as a POA. That could be a tricky point to
prove though, since shes deceased, it would have to be done
by means of testimony of people who were aware of her mental
state at the time, preferably medical professionals. That
is your first step, though, get a lawyer to help you with an
injunction to freeze whatever funds may be left, and see
what may be possible as far as the foreclosure goes. My
guess is that the bank holding the note might be willing to
work with you, particularly in view of the fraud involved.
I hope this helps.On 2/07/09, Jackie wrote:
> I do not know what to do nor where to go to get help.
>
> I will try to make a long complicated story of my situation
> short. During the month of December 2007, my mother passed
> away. My mother owned a house and there was no will or
> living trust. My parents wishes was to leave the house to
> there son's and daughters. I am one of four living
> siblings. I always assumed that the house would go into
> probate and me and my siblings would sign an agreement on
> what to do with the house after my mom's death.
>
> About two weeks ago I just found out that My mother's house
> is now in pre-foreclosure. I confirmed this by doing a
> title (deed) and mortgage document search that there was a
> Adjustable Rate Home Equity Conversion Mortgage taken out
on
> the house in my Mother's Name for the amount of $525,000
> during the month of November 2007, one month before my
> mother's death. My mom at the time had end stage dementia
> and previously had a stroke in August 2007. The mortgage
> document also showed that my sister signed for the loan
> acting as my mothers power of attorney. I do not know how
> she did this because my mother wrote down and picked me as
> her power of attorney. I have the document from the
> hospital dated October 1, 2005 stating I am her power of
> attorney and if anything ever happened to me, my sister
> would take over as her power of attorney. My sister would
> never acknowledge this fact after our father's death in
> August 2006 and kept control of all the accounts.
>
> Currently my sister is now refusing to talk to me about
what
> is going on with the house. She is no longer returning my
> calls. She claims she is executor, but she will not show
me
> any of the bank accounts, bills, reciepts, etc. I do not
> know what happened to the loan that was taken out November
> 2007. I suspect that my sister still has access and
> control over this loan at present time. I found out about
> the preforeclosure of my mothers house from a lady both my
> sister and I know. The lady came up to me and asked me why
> I am not considering her offer on the house. She tells me
> that she gave an offer to my sister, but my sister lied to
> her and said I did not want the offer. My sister said I am
> holding things up. Its weird my sister said that because I
> was never notified about the offer. I also find out from
> this lady that my sister told her she already spent over
> $100,000 and the house was now in pre-foreclosure. When I
> confronted my sister about this when she talked to me for
> the last time, she tried to say the money was spent of my
> mother's care. I do not now how that much money was spent
> on her care when she was only home hospice for two weeks
> from when the loan was taken out to the time of her death.
> The rest of the weeks she spent in the hospital. I have a
> strong feeling that my sister and her family was spending
> the mortgage money during the year 2008.
>
> I feel that my sister for some reason is holding up the
sale
> of the house behind my back in order for the house to
> foreclose and the bank takes it back. I think that she
> might be trying to walk away with the loan amount because
it
> was taken out in my Mother's name and she is now dead. I
> cannot afford a lawyer at this time. I do not know what to
> do nor do I know who can help me. I think my sister
> conducted power of attorney and mortgage fraud. Plus I do
> not know how my sister was able to get a $525,000
adjustable
> rate home equity conversion mortgage in my mother's name
> because the house at the time was only worth between
> $300,000 and $330,000. Please advise my of my legal rights
> and what I can do