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Need legal help with parents estate.?
My parents appointed their CPA as legal Attorney over all their estate,including their medical.My dad passed and now my mom is struggleing with cancer..no hope for recovery,[less than 6 months].
The CPA says she is to handle all the Estate and we as her children have no say so.We can't even arrange her funeral.Her belongings are being taken to this CPAs house[truck,guns].She even had a rubber stamp made with moms signature on it so she can deposit her social security checks directly into her [CPAs] own personal bank account.I find this very unsual.I need someone to direct me to a site or person [legal] who can answer my questions on this.Please help me with what my rights are and how I can over rule this.The CPA is in the will but she wrote the will.How can this be legal?
Note: My parents could not read,but they could write their signature.
Please feel free to e-mail me through my profile.
4 Answers
- 1 decade agoFavorite Answer
First check with Suzie Orman - she knows about estate planning. Second - find out who has power of attorney. The CPA has to file papers in the county that your parents reside - county recorder. These are public records and you can have access to these to see what they say. Have your mom draw up new power of attorney papers appointing one of the children. I would get on the phone with an attorney today and get new papers drawn up immediately. Call the bank and tell them the situation ask them what they need to put a freeze on all accounts to prevent CPA from moving funds. You mother is not deceased so the will is not active yet. Sounds like the CPA is using a living trust or power of attorney to justify his/her actions. I would demand to see both documents - they are public records. If your parents have been misled by the CPA then its your responsibility to put an immediate stop to it. Open the yellow pages and start calling attorneys. Ask for advice - don't give the CPA's name or your name until you get a solid understanding of your options and knowledge of what is happening. When you find an attorney who will do this for a reasonable fee talk to your mom and get it done asap. Once the paperwork is complete you may have to serve papers to the CPA to order him/her to cease their current actions and to turn over all documents, etc. My advice - GET AN ATTORNEY NOW!
- Anonymous1 decade ago
This is beyond unusual. It is illegal and you need to get a lawyer NOW. If your mother is still coherent, you need to change her will and revoke this power of attorney. YOU can then have power of attorney, or have your mother appoint someone else. This person is scamming your parents and stealing. They cannot simply have her checks put into their own account.
This is illegal. Contact the local BAR association for an attorney referral. Do it RIGHT NOW.
- ?Lv 45 years ago
Nope no longer until it was once willed to them. About 10 yrs in the past went by way of this with my husband. When his mother died a landlord could no longer free up her assets to us seeing that she had an followed out a baby. Well centered on what we learned they might no longer declare any estate in any respect. We needed to dossier probate to get her stuff however is definite was once a headache. Of path the principles would possibly range in exclusive states. Check the hyperlinks underneath on Fla legislation.
- 1 decade ago
i would contact the police department, some one in the fraud division. if they can't help , they can certainly direct u to someone that can.
good luck
babe