Immediate Legal Help Needed for a Friend

By
Real Estate Agent with Exit PowerHouse Realty

Hello Friends,

I was recently contacted by a friend regarding his mother's legal matter and as this matter is out of the scope of my license, I thought I would enlist the help of my AR family. 

First, let me start by stating this individual resides in North Carolina and will require the help of someone in this area. With all that said, here is the break down of what I received from the email this afternoon.

A few years ago, his mother met a man and he eventually moved in with her.  During the relationship, his mother was diagnosed with Alzheimer's and her live-in boyfriend made it difficult for them to visit her and as her Alzheimer's progressed he had the mother cahnge the legal form of ownership of the home to tenants in common.  Currently, the mother is in her eighties and is incapacitated, wheelchair-bound and has severe dementia.  He stated that the boyfriend has seize control of his mother's bank accounts, had his name added to her will as beneficiary, made himself the executor of the estate, and had himself added to the deed to her house.

I realize this sound like a lot, as it is for my friend in North Carolina, but any assistance will help greatly.

He is looking for an attorney and I would like to pass on a name to him asap.

Many thanks. 

 

 

 

 

close

This entry hasn't been re-blogged:

Re-Blogged By Re-Blogged At
Spam prevention

Accessibility option: listen to a question and answer it!

To submit the form,
drag the scissors to the circle on the side.

Type below the answer to what you hear. Numbers or words, lowercase:

Groups:
Real Estate Law

Comments 5 New Comment

Show All Comments
Rainmaker
363,869
Ted Baker
MidFloridaMediation.com
Carmody and Associates LLC

Aja

In order for anyone to respond with a recommendation of a local attorney, you may need to provide a better location (city) so that some of our friends in AR can give you suggestions of attorneys in the local area and with specific eldercare and guardianship expertise.

I would expect that your friend can challenge the actions that have been taken on the basis of undue influence and lack of legal capacity on the part of her mother at the time of the actions.  Unless there is evidence of a crime, this will be an expensive civil process.  There will be questions of proof of the allegations and evidence and witnesses who can be helpful may be hard to come by.  The possibility that the mother acted against the interests of your friend is probably not sufficient.  There will also be an issue of guardianship of the mother now to be sure that she is receiving proper care. 

You friend definitely needs to seek the assistance of an attorney who is local and expert in these matters. 

Good luck

May 11, 2007 10:36 PM
Anonymous #2
Anonymous
Aja Iglesias-Terrell

Thank Ted,

My friend's mother resides in the Charlotte area, Mint Hill. 

May 12, 2007 03:42 PM
Rainmaker
363,869
Ted Baker
MidFloridaMediation.com
Carmody and Associates LLC

 

Aja

Below I have added several links to articles with ties to the Charlotte area.  The second link is a legal directory (Martindale Hubbel) with listings of North Carolina attorneys listing an Eldercare specialty.  I am sorry that I am not acquainted with anyone in the area - but I realize you want to move quickly.  I would recommend that your friend select several of the attorneys listed for the Charlotte area and talk with them directly and make a choice. 

Best I can do on short notice.  Perhaps other AR readers will chime in with additional comments.

Good luck

http://myelderadvocate.typepad.com/blog/2006/08/love_and_money_.html

http://www.martindale.com/Elder-Law/North-Carolina/all/9744-OGO/lawyers.html

http://articles.moneycentral.msn.com/CollegeAndFamily/CaringForParents/HowFamiliesRipOffGrandma.aspx?page=2

May 12, 2007 04:11 PM
Rainmaker
371,672
Leigh Brown
Broker/Owner - Charlotte NC
RE/MAX Executive Realty

Hi-

Sounds like you need someone who specializes in this kind of care.  If you will email me directly I can provide a name of someone you can contact.  I live in Charlotte, this is my town.

May 12, 2007 05:16 PM
Rainmaker
363,869
Ted Baker
MidFloridaMediation.com
Carmody and Associates LLC
Thanks Leigh - Your response speaks highly of the AR community
May 12, 2007 05:24 PM
Show All Comments
Rainer
3,693

Aja Iglesias-Terrell

Ask me a question
*
*
*
Spam prevention

Accessibility option: listen to a question and answer it!

To submit the form,
drag the pencil to the circle on the side.

Type below the answer to what you hear. Numbers or words, lowercase:

Additional Information