Re: I need advise!

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THank you David
I will take your advice and see what i can do.
On 2/07/09, David wrote:
> 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