Legal Question in Wills and Trusts in Alabama

My Brother took out a 100,000 dollar loan in my parents name in 2004. It became deliquent but has since gotten out of deliquencies. When this happened the credit card company called my parents to let the know that they were caneling their credit cards because they had bad credit. It was at this point the were made aware of the fradulent use of their names. They are taking no actions, however my parents are almost 90 and my sister and I would like to know what action we can take to safe guard my parents estate from an obviously criminal sibling.


Asked on 1/29/12, 7:21 pm

1 Answer from Attorneys
Dean Stein Harville-Stein Law Offices, LLC

To protect your parents, you should bring a Guardianship and Conservatorship action in probate court. This will give the "Conservator" the ability to marshall the assets of the alleged incapacitated person(s), called a "ward" and use them for the ward's best interests, under court supervision. It will also give the Conservator the ability, to bring a lawsuit in the name of the ward(s), to attempt to regain any funds taken by deception. -Dean.

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Answered on 6/16/12, 2:26 pm


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