Legal Question in Wills and Trusts in Texas

Power of Attorney Fiduciary Duties

My Mom had a massive stroke in March 2005, diagnosed Gertsmann Syndrome. The Doctors told me she was unable to take care of herself or her affairs. She couldn't even remember my father, her husband of 50 years. She was out of it. A gentleman neighbor brought a attorney to her hospital bed and had a ''durable power of attorney'' document produced. She passed away in July, and in the few months before her death, he looted her estate of approx. $400K in bank accounts and mutuial funds, He took my name off a the bank and mutual fund accounts and inserted his own, and had all vehicle titles transfered to himself. Many valuble hierlooms and property have dissapeared. As I am the sole heir named in her will, and have been issued letters testemtary by the court, I have discovered all this theft. At her death she didn't even have all the money for burial, and I had to make up the difference. Since her death, all her active credit cards were all maxed out, her bank accounts overdrawn. She lived in Brownsville, Texas. I've contacted him asking for an accounting of his actions as power of attorney, but refuses to talk. The advice I get from the attorney is to file a lawsuit, $40K up front. Isn't there a way to force him to account for this


Asked on 10/29/06, 1:37 am

3 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Power of Attorney Fiduciary Duties

He is not going to talk. Why would he admit to a crime? Have you filed a police report? Unfortunately, the police may declare this a civil problem (although it is probably a crime) and a lawsuit will be your only recourse.

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Answered on 10/29/06, 5:12 am
James Grissom Law Office of James P. Grissom

Re: Power of Attorney Fiduciary Duties

If you can't convince the police that this is a crime, talk to the DA's office. Many prosecutors are better trained to recognize violations of the Penal Code.

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Answered on 10/29/06, 9:56 am
Charles White Charles G. White

Re: Power of Attorney Fiduciary Duties

If you cannot afford to retain a lawyer for an agreed amount or on some type of hourly basis, you may be able to retain an attorney on a contingent fee basis. Perhaps your probate attorney may consider teaming up with a litigating attorney who hopefully lives in the same area.

If you want to discuss this further, contact me through my web site:

http://www.cwhitelaw.com

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Answered on 10/29/06, 4:43 pm


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