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MGSACS

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  1. The court blocked the account on request of the professional guardian and my attorney. The final report was submitted by the guardian, which stated there may be reason to believe the funds should have been distributed to my father's estate. The account remains blocked and now we go into probate.
  2. The McDonald's location is irrelevant. I only use the McDonald's designation to attempt to differentiate him from others. Perhaps if we had been in town and when we returned to the state not lived miles away things may have been different.
  3. Sorry, it has been a bit since i posted, but do have another question. When this all started, and the guy from McDonald's actually petitioned for guardianship of my father a "guardian ad litem" was appointed. I actually just found his email, where i ask him how this and my father's POA could have been signed over to some guy he met at McDonald's. His statement was that my father could have been fine/competent when he signed the documents and until he is deemed by the court incompetent then he is considered fine and can enter into contracts. Even with an alzheimer's / dementia diagnosis?
  4. You are likely correct. I should not have said..."she"... rather how can this be done with a joint account. My family and i were out of state for a number of years and were unaware of many things. I now find out the initial Alzheimer's diagnosis was a couple years, not six months before this happened. No, my father never changed anything, as soon as she had passed from my understanding is when he turned over his POA to the guy from McDonalds and the guy from McDonalds had him re-write his will putting himself (McDonalds guy) in charge of everything and on every account my father had.
  5. Also her will stated that if she passed first, these funds would go to my father with a POD. Now that he has passed, there is a POD to her kids on this account. Again, how can she even do this with a joint account. Basically there is this account just sitting out there blocked for now. Sorry if i keep reiterating or babbling... but there were always supposed to be funds to help with my kids college.
  6. Sorry... wife's kids (alive) with a POD to them
  7. Thank you all, this is why I ask questions. I believe my attorney has looked at this aspect. His first response was that a POD designation takes precedence over a will and didn't think there was much of an argument. The official guardian then explained to him that it was a "joint" account and they may have error-ed by not taking the POD off and transferring it over to my father's estate. That they only learned of it at my father's death death. The former POA (the befriender) should have transferred it, but he seemed to do things that only benefited himself or the other family. Again, when my father passed the former POA was with the other family asking about the money and saying that there was a POD on the account that went to them. The funds right now are sitting in a blocked account with my father's wife on the account (deceased), my father (deceased), (the former POA, who befriended my father who added his name to the account has been removed) and my father's wife's kids (alive)with a POA to them. The POA paid out other funds, $300k and quit claimed the house for $10 to the other family... those are totally different. I only brought them up to make a point that it seems things are a bit shady
  8. If i am unable to recover the monies from the POD, would it then be actionable against the former POA who did not transfer the funds to my father's estate? He and the family were the only ones who knew about this in the will. I honestly believe he is working with the other family. Question on the beneficiary designation. It also says POD to my father who has now passed. I am representing his estate, cannot that argument be made?
  9. Thank you all for input. PG1067. a friend of mine who is an attorney suggested that if the court rules against me i have an action against the person who had the POA for not transferring the monies from the joint account to my father's account as stipulated by the will while he had the POA. I am not an attorney, that is why i am asking questions. Please read my response to Knort. Everyone thank you again for any insights.
  10. Knort: Here is what i know thus far. 1. My father's probate has not begun. The guardian will be giving their final report in a few days. The report says they may have made a mistake, when they found out about the will and possibly should have transferred the money over to my father's accounts, but are unable to do anything now that my father has passed. 2. Yes, second wife. Children are hers and not related to me. 3. She passed 2 years ago. Was fighting to get the POA removed and off the will for almost a year. This last year moved my father closer into a facility where we could visit. He passed a few months ago and have been waiting on the guardian. 4. Got documents yesterday. Wife's will was probated in court, but by her kids. The POA was able to transfer moneys and have her family quick claim the house for $10 using the POA. A number of years ago my father did give her his interest in the house, from my understanding. 5. Yes, diagnosis of alzheimer's / early onset of dementia 6 months prior to all of this. However, when i went to adult protective services, they said, well he could have been fine when he turned things over and signed contracts. The POA had him sign a contract paying himself and his wife also. 6. Yes, POA was granted after diagnosis, but again all i am ever told was well he could have been totally fine when he signed documents. 7. In 3 or 4 months he was able to pay himself around $30k or so, as far as we can tell. He and his wife would take my father out to dinner and bill him for everything, food, gas etc. They also, were going to have a garage sale on my father's behalf and emptied out 1/2 of his home, until i was able to get a court to compel him to return the items. Not all were returned, but i can't prove it. 8. It was my father's wife. Also, the former POA put his name on every account and simply paid the other family acting as my father's representative with the POA. Also ,Supposedly there were accounts for my kids education set up by my father and wife, but nobody knows anything about these. The former POA did set up two accounts to make sure the kids had monies for college. That is what he told us. We found out they were for $300 each. And i think he has even taken that. However i am having the bank look into it. 9. No bond is necessary. My father was supposed to handle the will, but as soon as the POA got involved everything changed. He even attempted to become the guardian of my father, that is why there is a professional. What i know. We had been living out of state when this began and my father was befriended. As soon as the wife died he attempted to keep us from my father. Our initial information was hearing that my father's wife passed and calling the funeral home. We were told by the home that they could not speak to us because they were told by the POA not to tell us anything. In the beginning every time we saw my father, the POA was there and was answering questions for him. Finally we began to think... this isn't right.
  11. Thank you for responding. The other side is arguing that the funds were never removed from the account and transferred to my father and there is a POD to them on the account they are entitled to the money. The funds were never transferred to my father, because the POA, who again was removed never told anyone that it was a joint account and there was a a POD to my father's estate. I guess the first POD and transfer was supposed to be to my father. The POA never did that and now that my father is gone, the other side says, well there is a POD to us and we should get the money, even though the former POA did not follow the will. Actually he followed 1/2 the will and transferred other funds to the other family.
  12. perhaps if i asked the question this way? A Hypothetical. A person lives in WA State and as in their second marriage. The wife's will states that if the wife passes first any funds from joint bank accounts go to the husband on her death. If the husband passes first and then wife, then any funds from those joint accounts go to the wife's kids from her first marriage. The wife passes first. The husband has Alzheimer's and is befriended by someone at McDonalds. The husband gives this person his POA. The POA sits on this account and does nothing with it and tells nobody about this will. He is removed by the court. It is still a joint account, but does have the wife's children on it as POD to them. The husband then passes with the money still sitting in an account that does have the wife's children as POD, even though the money was never transferred to the husband, as stipulated by the wife's will. Now both families claim the monies. Any thoughts on a situation like this? I have been told that if i lose in court, i can take action against the former POA. for negligence. As an aside, when my father passed the former POA was with the other family when they called the guardian asking about the money.
  13. We are in Washington State. My father passed away this past July. The guardian is only now finishing her report and presenting it to the court. The attorney is great and i do ask him questions, but since i have never gone through this, i don't even know some of the questions to ask. I have to believe i am not the first one to go through this. I thought oi may get some insight by others?
  14. My father was befriended by a guy at McDonald's who was for a short time able to gain my father (who had alzheimer's/early onset of dementia) POA and make himself executor of my father's will. We got him removed, but not after significant financial damage was done. Question, after my father's wife passed this guy became POA for my father. He took my father's wife's will and dispersed money to her family. One provision in the will was that any joint accounts go to my father on her passing. If my father passed first then any money would go to her children when she passed or a POD to them. Now that my father has passed, the other family is coming in and saying that that is their money since it had a POD to them, even though it should have been transferred to my father's account as soon as my father's wife passed. Remember this was a joint account. It appears that this former POA has been working with the other family. was able to get a professional guardian appointed, who only discovered my father's deceased wife's will recently. I am told if i lose in court i have an action against the former POA? Do o lose in probate? This has been an ongoing nightmare for the past two years. I am smart enough to know that i don;t know anything about this, not even the questions to ask. The money is supposed to go to my children for their education. Any advice. I have an attorney, which is costing an arm and a leg every time i call him to ask questions. We are in a community property state.
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