Man Befriends Elderly Father and Gets POA and Executorship

M

MGSACS

New Member
Jurisdiction
Washington
Long story short. A man befriended my elderly father, who had alzheimer's at McDonald's and convinced him to turn over his POA and make him the Executor of my father's estate. Before my father passed was able to have him removed from POA and Executorship, but not before he did major damage. In 6 months paid himself and his wife around $50k for services to my father. Gave my father's deceased wife's kids who he was friends with $300k and set aside $100k which was earmarked for my kids education. Now after my father has passed he and her kids (in their 60s) are back claiming the $100k is there's even though it was in a joint account and was supposed to go to my father on her passing. Still in court on that.

Was wondering, the $300k that he immediately turned over to my father's deceased wife's kids when he acqired the POA. Is there anything I can do about that? I am still within the statute of limitations. I believe it was a joint account, but unsure.

On my father's passing he and the deceased wife's kids showed-up together at the attorney's office.

Thanks for any guidance.
 
MGSACS said:
Long story short. A man befriended my elderly father, who had alzheimer's at McDonald's and convinced him to turn over his POA and make him the Executor of my father's estate. Before my father passed was able to have him removed from POA and Executorship, but not before he did major damage. In 6 months paid himself and his wife around $50k for services to my father. Gave my father's deceased wife's kids who he was friends with $300k and set aside $100k which was earmarked for my kids education. Now after my father has passed he and her kids (in their 60s) are back claiming the $100k is there's even though it was in a joint account and was supposed to go to my father on her passing. Still in court on that.

Was wondering, the $300k that he immediately turned over to my father's deceased wife's kids when he acqired the POA. Is there anything I can do about that? I am still within the statute of limitations. I believe it was a joint account, but unsure.

On my father's passing he and the deceased wife's kids showed-up together at the attorney's office.

Thanks for any guidance.
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WSBA Home

Contact the bar association and get several referrals for attorneys. Considering the amount of money in question it is well worth it to pay for advice from a local Attorney.
 
PayrollHRGuy said:
I'm pretty sure I've heard this story before somewhere.
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Yeah...me too.

MGSACS said:
A man befriended my elderly father, who had alzheimer's at McDonald's and convinced him to turn over his POA and make him the Executor of my father's estate.
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Convinced him how? Were you privy to the discussions in which this convincing occurred? What was the scope of the POA that was given?

MGSACS said:
In 6 months paid himself and his wife around $50k for services to my father.
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What services?

MGSACS said:
Gave my father's deceased wife's kids who he was friends with $300k and set aside $100k which was earmarked for my kids education.
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What this says is that the attorney-in-fact "set aside [money that] was earmarked for [your kids'] education." That seems like a good thing, but I suspect you didn't intend what you wrote.

MGSACS said:
Now after my father has passed he and her kids (in their 60s) are back claiming the $100k is there's even though it was in a joint account and was supposed to go to my father on her passing.
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Huh?

MGSACS said:
Was wondering, the $300k that he immediately turned over to my father's deceased wife's kids when he acqired the POA. Is there anything I can do about that?
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No way to know based on what you posted. Depends on, among other things, the scope of the POA, the purpose(s) of the payment, how long ago your father died, whether you were appointed executor of your father's estate, etc., etc.

MGSACS said:
I am still within the statute of limitations.
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The statute of limitations for what?

MGSACS said:
I believe it was a joint account, but unsure.
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You believe what was a joint account?

MGSACS said:
On my father's passing he and the deceased wife's kids showed-up together at the attorney's office.
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What attorney?
 
zddoodah said:
Yeah...me too.

Thanks, for the response. Yes, I may have posted here something similar a couple of years ago. We are still going through this.

Convinced him how? Were you privy to the discussions in which this convincing occurred? What was the scope of the POA that was given?

I believe it said durable poa, if that means anything. After my father's wife passed he was able to convince my father to turn over the poa and executorship. Up until about 6 months before we were living outof state. My father had never done any of the finances, or paid any of the bills. From the documents I have read, he said he was a friend wanting to help my father.



What services? $30 an hour for him and $20 for his wife, plus mileage... which isn't terribly unreasonble. However it was for anything. He cut us out of my father's wife's funeral, so he and his wife took my dad 500 miles to the burial site, charged for time for he and his wife, mileage, hotel, food, etc. Came to my father's house, charged mileage and time, even if he did nothing. He did turn in hand scribbled recepts. It was for anything he could wanted, if he could claim it was for my father in some way.



What this says is that the attorney-in-fact "set aside [money that] was earmarked for [your kids'] education." That seems like a good thing, but I suspect you didn't intend what you wrote.

No, the money was on a joint account, which stated if my father's wife's will that if she passes first any assets go to my father. If my father passes first, then she passes then any assets go to her kids. The POA, never transferred the money to my father's sole account. He just sat on it and when my father passed showed up with the wife's kids at the attorney's office saying that is our money.



Huh?



No way to know based on what you posted. Depends on, among other things, the scope of the POA, the purpose(s) of the payment, how long ago your father died, whether you were appointed executor of your father's estate, etc., etc.

My father passed 2 years ago. From my understanding the Washington State Legislature increased the statute of limitations to sue to 6 years depending upon the dollar amount. Even 3 years in small claims court.



The statute of limitations for what? To sue.



You believe what was a joint account?

I was wrong, it wasn't joint. The $300,000 were in a fund she had in her name. At that time my father was the executor of her estate, however the POA acted for him and transferred the money. My father didn't even know from my understanding. Also, the POA emptied out my father's safe, I have no way of knowing what was in it.



What attorney?
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The attorney is the attorney I hired for the $100k for my children's education. Since I was the only child I was able to get my hands on that money. However, once the other side found this out they filed a petition in probate, which is where we are now for over a year.

I am curious about the $300,000. There was nothing in my father's wife's will talking about this money, only thast all assets on her death go to my father. I believe that is why, as soon as the befriender got the poa - on her passing he transferred it over to his friends, my father's deceased wife's kids.

The POA even told us that my father had requested he set-up accounts for my kids college education. He told us that he had and that he had funded them. My father had sent us a letter the year prior telling us he had set aside between $75k to $150k for their education. The POA set the accounts up and funded them in the amount of $300 each, which even that he has not returned.
 
Please address the two comments that questioned whether you have posted about this previously. And, if we are right, what screen name did you use in the prior postings, and why are you now using a different name?

MGSACS said:
The attorney is the attorney I hired for the $100k for my children's education.
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So this guy to whom your father gave a POA, along with your father's deceased wife's kids (who I assume are not also your father's kid and that she is not your mother), just randomly showed up at the office of a lawyer you had hired? Why?

MGSACS said:
The POA even told us. . . .
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"POA" is an acronym for power of attorney. A POA is a document by which one person (the principal) gives authority to another person (the attorney-in-fact or agent) to engage in transactions on behalf of the principal with third-parties. In other words, "the POA" is a document. The person you're talking about is not "the POA." He is (or, more accurately, was) the attorney-in-fact or agent.

As I indicated in my prior response, no one who hasn't read the POA and who isn't privy to all of the relevant evidence can assess this situation. Since you have an attorney representing you, you should rely on his/her counsel.
 
When my father passed, my attorney had me sign a number of documents which he sent to the bank to have the funds transferred to his control. They are in an account his law firm has access too. The former individual who had my father's POA and the two kids showed-up to let the attorney know that it was their money, since my father's deceased wife's will said that there was a pod to them in her will. They forgot to mention that that was only if my father passed first, then she passed. My attorney is confident that we win on this since the former individual with the poa not only did not follow the will, but it was also a joint account. They hired an attorney and we have been in probate for some time on the $100k.

My question leans more towards the $300k - can the person who had my father's poa almost immediately act as my father and transfer monies to his friends who happen to be the deceased wife's kids. My father was supposed to be the one overseeing that probate, but since he was grieving and had alzheimer's this individual did a whole bunch of questionable stuff on his behalf with the poa.

Another example, he told my father he was going to have a garage sale for some of my father's stuff. As we visited my father's home we noticed it kept getting emptier and emptier. If you know anything about Western Washington in January, not many garage sales occur. He was emptying my father's home and storing the belongings at his home for safe keeping. As he told the court, until he could have a garage sale. Garage sales weren't allowed where my father lived. The court ordered him to return the stuff. Some things were returned, other items, which I cannot prove, I have not seen since. Just another example of the type of people we are dealing with.

The reason I am asking these questions, is to get an idea how to proceed? My attorney is great, but at $300 an hour I need to have some thoughts formulated before I speak with him.

Thanks.
 
MGSACS said:
My question leans more towards the $300k - can the person who had my father's poa almost immediately act as my father and transfer monies to his friends who happen to be the deceased wife's kids.
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Yes he apparently CAN, because you told us he did.

I suggest you speak ONLY to your attorney about issues that perplex, befuddled, or confound you.

Your attorney knows much more than strangers about your legal matters.

If the rascal purloined ANY money or VALUABLES, and is convicted of criminal act(s), you're likely never see to see so much as $1.00 of the illicit largesse siphoned away from your father's assets.
 
Please address the two comments that questioned whether you have posted about this previously. And, if we are right, what screen name did you use in the prior postings, and why are you now using a different name?
 
zddoodah said:
Please address the two comments that questioned whether you have posted about this previously. And, if we are right, what screen name did you use in the prior postings, and why are you now using a different name?
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Yes I believe I did on this site because although I could not remember the password and could not enter it, it did have a username which was I familiar with, which foolishly identified my family. That is the reason I made sure this time it was an unrecognizable username.
 

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