Legal Question in Elder Law in Florida

I have been my mom's caretaker for 30 years. We live in Florida. We had a big argument about her will. I said things I shouldn't have and we didn't speak for a month. I get this letter from her attorney saying, im not the POA anymore because I abused my power and that I took $50,000.00 from her accounts! (lie) It came with a quit claim deed for me to sign over her condo, (i'm on the deed) and if I do, then they won't take action against me. I feel this is extortion. I know my brother is behind this! This all started also because weeks before, I suggested she look into an assisted living facility, because she constantly falls. Her aide (was only there 2 times a week) and my brother were against me on this. My brother doesn't live in Fla and never did. My mom will not talk to me and changed her phone # after my boyfriend called her to patch things up. I want to speak with my mom again, but im also hurt and because of this atty letter. Some people feel I should forget my emotions and protect myself legally, because this is extortion and that I maybe see the State Attorney! Im torn!! She is 90 years old! If I consult a regular attorney, which kind (specialty) do I seek. Thanks


Asked on 11/12/10, 9:14 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

This seems to be the same situation you have asked about in which you were told if there is undue influence then you could hire an attorney to litigate the matter in court. Yes , this is extortion if there is no proof that you took funds from your mother. I suggest you get an attorney and get this matter resolved. As to the other attorney, perhaps you might contact the Florida Bar and forward them a copy of that letter.

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Answered on 11/18/10, 7:18 am


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