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knort4

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knort4 last won the day on February 1 2018

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About knort4

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  1. Yes, you are correct, Elmo--the special needs trust is for people with disabilities. I apologize for my error.
  2. Do your research online about a third party special needs trust and then see if you can find an attorney or financial planner to whom you can ask questions to see if it will fit your needs.
  3. knort4

    Eating in Grocery Stores

    It may not be shoplifting, but it is theft. It was stealing when the preteen started eating, and it was theft whenever the first person took a bite out of it.
  4. knort4

    WEIRD SITUATION

    Look for public housing agencies who rent based on a portion of your income and/or contact disability advocate agencies to see if they can help. How much in monthly rent are you paying now?
  5. Perhaps you should also consult with a landlord/tenant law attorney or examine the court filing procedures for eviction very carefully to make sure you follow all procedures and deadlines very strictly. If you make an innocent error/mistake, it may result in the tenant being given additional time to live there even if only temporarily.
  6. knort4

    Ira beneficiary

    What efforts have been made to find the person? Most efforts consist of hiring a private investigator to run a search through databases, and then if they can't find the person, the search usually ends there. If a private investigator was used, then ask the private investigator to contact relatives/family of the person being sought to see if the family knows anything. In rare instances, sometimes people do become lost or untraceable, but most times a person can be located. You should suggest that a "whereabouts unknown" ad be placed in a local newspaper of the city where the person was last known to have lived.
  7. knort4

    toxic mold in apartment

    It's a shame you didn't inquire about this sooner, as there is a remedy available. As soon as you discovered the mold, this could be considered to be an uninhabitable living condition. Consult with a landlord/tenant law attorney in your area to find out your tenant rights in Texas. Ask a landlord/tenant attorney what your rights are--can you withhold paying rent or ask that rent payments be suspended for a few months while the repairs should have been done, and can your attorney negotiate for you to be placed in a hotel/motel room temporarily (with the expense paid by the landlord) until the repairs are finished.
  8. knort4

    P.O.D.

    Who blocked the account? (The court? The bank?). I
  9. Don't be too sure that the non-compete is not an issue, although that could possibly be true. Now that they have checked your emails to make sure you were not providing information to any of their customers, they do not have to worry about you violating their company privacy. Why were you terminated? As of right now, you have no way to demonstrate how you have been harmed by their actions, so you have no grounds to pursue legal action against them. Be patient and perhaps you will get that severance.
  10. knort4

    am I entitled to assets?

    Unfortunately, you do not have a claim. Your stepfather has to administer this estate according to the law. It's a shame that your mother did not take care of this provision while she was alive......
  11. knort4

    P.O.D.

    Your reasoning is correct in that the monies did belong to your father, and the funds to belong to your father's estate, as far as we know, but we don't know exactly what the "POA" did to pay out this money so someone will have to examine exactly what he did with the money to determine where it should now have gone. Please get the concept of "transferring funds" out of your mind, because that instruction/provision in the will was/is never going to happen and never should have happened. It is beneficiary designation law that determines where the money goes. Has your attorney even looked at this aspect of the case? What does he say about the POD?
  12. Do you know specifically what type of retirement account it is and is there a stipulation that the money should be paid out in one lump sum or in monthly installments over a certain period of time?
  13. knort4

    P.O.D.

    You were given bad advice that was extremely misleading, when you were told that "he could have been fine when he turned things over and signed contracts". They should have advised you to consult with an attorney who specializes in elder financial abuse/abuse of power of attorney/breach of fiduciary duty cases. Since your father was definitively diagnosed, he is considered legally to NOT have the mental competence to understand business transactions or much of anything else, and the contract can be invalidated. The POA was used abusively and after you and your attorney file charges and win your case, he will have to make restitution on most of the actions he committed while using the POA--most of what he did was improper and illegal--quit claiming the house for such a small amount, the contract paying himself and his wife, any accounts he put his name on. The bad news is that you will NOT be able to recover the monies from the POD. It is a basic principle of business law in every state that beneficiary designations must be carried out as indicated, and what anyone's will says can not change a beneficiary designation. If the wife wanted those funds transferred, she should have indicated that on a beneficiary designation form that she was asked to fill out by the bank. At least this crook will not get away with everything he did, and you will at least have a basis for attempting to get a partial recovery of some of the assets from this estate.
  14. knort4

    P.O.D.

    Please supply a specific response to the 9 questions I asked. Thank you,.
  15. knort4

    P.O.D.

    Many posters sometimes make the mistake of automatically assuming that people in similar situations to theirs will be reading or responding to this message board, but that ralmost never happens, since most of the readers are lawyers. So many facts/factors that are unknown by the readers make it difficult to fully evaluate your situation. (1) Is it your father's probate that is currently open and is it his probate for which you are waiting for the report from the guardian? (2) Was the lady your father was married to--was this his second wife? Does the "other family" consist only of the wife's children (who are NOT children of your father)? (3) What year did the wife die? (4) Was the wife's will ever officially probated in probate court and was the POA the executor/administrator of the estate? (5) Was there an official diagnosis BY A DOCTOR of Alzheimer's or early onset dementia for your father? (6) Was the POA granted to the "befriending guy" anytime after the diagnosis had been done? If so, then the POA was fraudulent and he can be sued for damages, whether it is for negligence, breach of fiduciary duty, and/or abuse of power of attorney. (7) What kind of "financial damage" did he do? If he used your father' s money to pay the father's bills and living expenses, then that is okay, but any other monies he paid out will need to be scrutizined by looking at the bank statements to see if there were unauthorized expenditures. (8) You did not state who the designated beneficiaries (don't name specific names but were they the wife's children or your father's children) were on the POD and did this POD come from your father's estate or from the wife's estate? It's hard to understand why the bank would release the money to anyone other than the designated beneficiaries or joint account owners, but if the POA dispersed these monies incorrectly, then he certainly needs to be held accountable. The problem is that the instructions in the will about how the wife wanted the money distributed can not take priority over (and do not have any effect on) the designations on the POD account, but she most likely did not know that at the time she created her will. It's difficult to know whether the POA's decision to distribute the money to other parties was done innocently (in ignorance of the law, which is not an excuse) or intentionally and you did not mention whether he asked for this money to be distributed as part of a probate process or whether it was done with no probate court involvement or review (did he simply tell the bank who to pay?). Perhaps things will be clearer after the guardian has released the report and you and your attorney review it. (9) Look at the wife's will and see if it requires that an executor's bond be purchased or whether there is an exemption of that requirement.
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