Legal Question in Wills and Trusts in Texas
Contested will
My father is deceased and l am the sole beneficiary of the estate.
The nurse who stole my father's power of attorney after he was diagnosed with Alzheimers and severe dementia sold commercial property belonging to him. She also took from the family home family heirlooms such as four and five carat diamond rings on platinum bands. My question is how do I get the properties back? And what kind of motion would be filed to freeze my dad's personal assets such as classsic cars, the jewelry mentioned, and rare gold coins? She also changed the will leaving her the estate. The local small town did not press charges and I believe this belongs on a bigger stage, possibly federal. Where do I go to be heard? Thanks for your assistance!
3 Answers from Attorneys
Re: Contested will
You need an attorney first and foremost. There are a lot of serious, complicated issues to tackle here. If you believe the will he executed naming her beneficiary is invalid the burden is on you to prove he was incapacitated when he did so, if in fact that's what you're claiming. As for the power of attorney and the property you'll need to prove either that he was incapacitated when he executed that as well or that she breached her fiduciary duty as her agent. Good luck!
Re: Contested will
The power of attorney died with your father. She can't use it any more. If there is a will, you need to get letters testamentary, and then sue the nurse for breach of fiduciary duty. This is a large scale project, and VERY fact specific. Feel free to call me if you want to discuss this further. Time isn't on your side, though.
Re: Contested will
The power of attorney died with your father. She can't use it any more. If there is a will, you need to get letters testamentary, and then sue the nurse for breach of fiduciary duty. This is a large scale project, and VERY fact specific. Feel free to call me if you want to discuss this further. Time isn't on your side, though.
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