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MGSACS

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  1. My apologies if i am in error. All I want to know is how i can get the financials for a deceased parent who filed jointly with his deceased wife. Am I able through the IRS or is there another route? I should not have mentioned the former POA, nothing will be forthcoming from him. That is the reason I thought this was a different issue. Thanks, Elliot
  2. Actually I did, but shouldn't i start a new thread if it is a different topic?
  3. A question concerning my previous posts, relating to POD, but different question. The person who had POA for my father almost immediately transferred $300,000 over to my father's deceased wife's family after she passed. My father had early onset of dementia and Alzheimer's. Supposedly there were also some stocks, insurance and other things. We never saw any financial documents, the POA began emptying my father's house before we could get a court order for him to stop and return the items taken... which he did some of. He also almost immediately quit claimed the house over to my father's deceased wife's family. Is there a way i can find out what assets my father and his deceased wife had? (They are both now deceased). I went to the IRS and they said since they filed jointly I could not get the information. I know the former POA put his name on all accounts and was transferring monies left and right. How do I find out what assets they had? My father's wife passed first. He, the former POA even said that since my father wanted to set up college funds for my kids education, he would set them up and fund them... each of the two funds has $300 in them, with the former POA the only one able to access. Again, thanks for any help. Elliot
  4. A question concerning my previous posts. The person who had POA for my father almost immediately transferred $300,000 over to my father's deceased wife's family after she passed. My father had early onset of dementia and Alzheimer's. Supposedly there were also some stocks, insurance and other things. We never saw any financial documents, the POA began emptying my father's house before we could get a court order for him to stop and return the goods... which he did some of. Is there a way i can find out what assets he/they had? I went to the IRS and they said since they filed jointly I could not get the information. I know the former POA put his name on all accounts and was transferring monies left and right. How do I find out what assets they had? My father's wife passed first. He, the former POA even said that since my father wanted to set up college funds for my kids education, he would set them up and fund them... each of the two funds has $300 in them, with the former POA the only one able to access. Again, thanks for any help. Elliot
  5. The funds that were transferred were before my father passed, and before I was aware what was happening.
  6. There is something else that has come to mind and I would like to bounce something off of all of you. Same individuals as in the above posts (my father, and the gentlemen from McDonald's and my father's second wife who passed before him). However, not the POD situation. Immediately after my father's wife passed (my father had been previously diagnosed with Alzheimer's and early onset of dementia) the person from McDonald's who convinced my father to turn over his POA to him and place everything in my father's will in his name, immediately transferred $300,000 over to my father's dead wife's children. This was in a bank account in her name. There was no probate, he just transferred the money to them, while my father was still alive. The former POA kept all financial records and put his name on all accounts. Supposedly there were some stocks that my father and his wife had. When I had a professional guardian appointed, she asked, but the former POA said he had no records? We have no idea what my father had or didn't have. Lastly, when my father married his wife 15 years ago, she had sold her house and used her funds to purchase a new home where they both lived. At that time he quit claimed his interest in the new home over to her. A few months after my father's wife passed, the former POA quit claimed the home over to my father's dead wife's children for $10. These are my new questions that I have not even run by my attorney as of yet. We live in Washington State. Is there any wrong doing by the former POA or my father's dead wife's children? Is there anything that i can do? Thanks again. Elliot
  7. Again, thank you. That is very clear. This has been a very personal and draining process. Not legally relevant, but Mr.McDonald's made my family's life miserable. The few months he had the POA he was able to drain around $50,000 from my father's retirement. My first goal was the protection and well being of my elderly father. My goal now is the college funds promised my children. Although I do wish I could do something legally to Mr. McDonalds. Adult Protective Services said that when my father signed over the POA and had Mr. McDonalds change the will that my father could have been lucid. Thank you.
  8. Thank you all for your responses. Let me attempt to answer a few questions. We had been living out of state and were moving back, and were unaware of what was going on until my father's wife's passing a few months later. I am not an attorney and have never gone through, this what seems to be an unending process. That is why I am asking additional questions. Our attorney is great, but at $300 an hour I would like to make sure I even know what to ask him. Yes we are in Washington state and yes the account was joint. The former POA just left the account and told the professional guardians that there was a POD which went to the wife's kids on my father's death. So it just sat there until the guardian actually read the will. By this time my father had passed, so the guardian got an order from the court to freeze the monies until it was determined what to do with it through probate. What I mean by win is that the other side does not get the funds, which are going towards my children's college accounts. How we even found out about this is that McDonald's attempted to get guardianship of my father, on being notified is when i hired an attorney. On being challenged in court Mr. McDonalds withdrew his request for guardianship but wanted to keep the POA. I was then able to get a professional guardian put in place, where Mr. McDonalds dropped my father off at a retirement home, only to be seen again on my father's death with the other families kids demanding money. Before my father's passing the family was able to get Mr.McDonalds removed as executor of the will and my father's brother was his replacement. When we moved back to WA state, we still were over 200 miles away from my father. As we attempted to investigate we were told by numerous people (funeral home, ass't living community manager, etc.) that they could not give us any information since we did not have a POA and that they were told by the POA not to talk to us. Hope that clarifies things a bit.
  9. Hello. I have a question regarding a Pay on Death account. I was here the end of last year asking similar questions. A quick recap: My elderly father who has past and had Alzheimer's was befriended by a guy at McDonald's. This guy convinced my father to turn over his POA and change his will, where he made himself executor and all accounts would go to the executor. I was able to get him removed as POA and removed as executor. This happened when I was able to convince the court that there was a need for a professional guardian. When my father passed, he and my father's deceased wife's children called the guardian together saying that her will stated there was an account with $100k in it and that it had a POD to the wife's kids. This is somewhat correct however her will reads something like this: If she passes first the "joint" account goes to my father. If my father passes first and then she passes then money in that account goes to her children. The former POA only told the guardian that there was a POD and the money would go to my father's wife's kids on his death, The guardian found her will when my father passed and brought this up in her final report to the court that it was a joint account and the monies should have been transferred to my father. That was 6 months ago. My attorney believes we win. We are in probate and my attorney wants to do something called a TEDRA. However, i would like to ask a couple questions? 1. The former POA never transferred the money. Shouldn't that money have automatically been transferred to my father? 2. As a joint account, on her death, doesn't that money automatically become his? 3. Can her kids legally claim that it is their money, since there was a POD and my father has now passed, even though the former POA did follower her will with a transfer to my father? 4. Can she even have a will claiming what to do with a joint account? 5..Is the former POA liable? To put things a little bit more in perspective, the former POA, told my father that he needed money and they should have a garage sale. He emptied out 1/2 of my father's home and took the items to his home. This was January or February in Washington State. I was able to get courts to compel him to return the items, which he returned some of. I was only able to prove he kept a some items. On my father's death he quit claimed the house over to my father's dead wife's kids, within a couple of weeks. As always convoluted, but thank you for any insights. Elliot
  10. 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.
  11. 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.
  12. 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?
  13. 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.
  14. 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.
  15. Sorry... wife's kids (alive) with a POD to them
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