Probate court help

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cordonangel

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My jurisdiction is: michigan oakland county


In a nut shell
My mother took out a equity loan before she died. Spent some money gave some to family. My father is oblivious to debts etc. upon her death my siblings went thru papers took wills and distroyed them, checks, credit cards and all important papers. I do not live in the area this was done before I arrived. My mother wanted my youngest Sister A to care for my father. During the first few months Sister C tried to get his ss ck and took out credit cards in my mothers name and charged things. I did not know the equity loan had a available balance of 50,000 but was only 17,000 when she died. at the first annual report it was 37,600 I asked why the sister A said oh they found all kinds of credit cards and paid them off. I knew of one a home improvement one for 1700.00 and a master card for 400.00 balance at time of death. Sister C had her trailer remodeled my brother and used a credit card in my moms name he is also a builder. Now that I am asking questions they wont let me see my dad or talk to them. Now 2 1/2 years later I received a letter from probate court and it says Youngest sister A has not made her report to make arrangements for new conservator guardian. I went to register of deeds and found out there are two new mortgages on dads home for 75,000 and my sister A signed the papers. I made copies and filed to be the conservator guardian. that evening my father called and said a mortgage company called and said they want 1500.00 or they will start foreclosing. He asked how long does he have to get the money. I got to court and my sisters A & C and brother was there they had made up a report(I had received it earlier that week in mail) so the judge let her keep the guardian conservator. All I could do was ask for a investigation which he ordered. Heck I couldn't even get him to listen about the mortgages and how they sold all his antiques and tools and took all the money out of his bank account my dad says the bank lost his money my brother told him. Yeah sure. Finally the court attorney investigator called. I explained everything and gave her copies of all the mortgages how they are not mentioned in any reports. After she talked to my sisters and brother she says they said I did it all and stole his money and credit cards. All the charges were made in the area I don't even live near them and I am the one asking for the investigation why would I bring attention to my self I asked. The lawyer said I don't get paid enough to go any deeper and I am over worked etc. She says she is going to recommend a court appointed administrator. Most likely they will sell the house and put your dad in a home because they wont want to deal with your family. Great. Now what do I do? I cant afford a lawyer. Now my dad says if they try to put him in a home can he live with me? I will let him but gee wiz how can they get away with all this stuff? the lawyer said the sister would have to pay the money back but its un collectable. My siblings are so horrible. I would have sat down and tried to work this out but they want to keep the money stay in charge and blame me they don't care what happens to dad. The saddest part is my dad says why did you do this to me, I don't care if they took the money. He just wants to stay home and dosnt understand they arent paying the bills just taking his money and he could end up loosing the house. The judge is retiring and I know he just wants this over. Sorry so long just had to get it off my chest. Court is Nov 17,2008 to advise court of recommendation (its motion Wednesdays a nitemare) don't know what to expect. Honestly I thought this should have be partly a criminal case. thanks any advice would he helpful. P.s I read the Probate booklet and I think it says you have to notify the court about mortgages and things right? :yes:
 
I think you already know how they can get away with it. The court system is good (but expensive) at remedying things that have gone wrong. It's not designed to stop bad things from happening in the first place. Your siblings could do this because your dad was oblivious, and they were rapacious, and you weren't around to stop them. They can get away with it because the investigator is overworked with her case load already and it's too expensive for you to investigate and remedy it yourself.

Is your dad incapable of managing his own affairs, or could he just not care less? If the former, then maybe they're liable for taking advantage of him; if the latter, he has no one to blame but himself.

Who said your sister would have to pay the money back? If you can persuade a court she's liable for the debt, whether or not its collectible is up to you to determine.

What kind of advice are you looking for? What is happening in court on Nov. 17?
 
What happened was they postponed it weeks later. Finally the court said I didn't have to go it was to hear the recommendation of court lawyer which was to appoint a public administrator. My family is nuts really. I cant help my father who coincidently believes my siblings every word. I went to talk to my father and my brother called the cops and said I was there to hurt my dad. He also told police I paid a someone to steal the mail to find evidence and had my son steal a safe full of money with all the credit info in it. Incidentally if he had a safe with money at my dads why did he borrow money from my kid to get cigarettes and why doesn't he pay Dad money to live there. My sister called to say I'm going to Jail for ever for getting into her business. 1. all information was gathered at court house register of deeds everything on mortgages is there for a buck a page. 2. I can add and subtract reading her annual reports (just wondering why the court cant) and asked for investigation. The question is if the probate court isn't going to do anything can the police do something? I know the court isnt responsible for before my sister was made guardian conservator but Why was my sister bonded and so low $200.00 if she stole $45,000? I am afraid now to visit or go into the city where they all live which makes it hard my kids and grand-kids live there. False police reports and threats. It is too bad, too late, and too frustrating to continue. I actually thought my sister being the court ordered guardian conservator would have put restrictions so the court could have stopped all the stealing. Now if there is a court public appointed guardian conservator can they steal his money too? Also it will cost 18.00 pr hour and he cant pay it. Seems ridiculous to me to have a stranger could steel too and get away with it. Sorry so late to answer and I do appreciate it honestly. I was in the hospital suffering from high blood pressure attack at least it wasn't a heart attack. Thank you for your reply.
 
My dad is a ward of court a protected individual he cant take care of himself the judge ordered it 3mos following my mothers death.
 
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