Author Topic: Idiot Briggs has brother-in-law with problems  (Read 1333 times)

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Offline franksolich

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Idiot Briggs has brother-in-law with problems
« on: May 26, 2014, 07:28:34 PM »
http://www.democraticunderground.com/1018621158

Oh my.

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IdaBriggs (7,736 posts)    Mon May 26, 2014, 02:09 PM

Family Drama Legal Dilemma (Thoughts Welcome)

A member of my husband's extended family is cognitively impaired; "Tom" is a very nice man, but can not handle his finances without assistance. Up until last summer "Tom" was able to work and live independently, and arrangements had been made such that he had minimal expenses and a low, but decent income on par with his limited cognitive capacity.
 
Another family member was in charge of his finances, and to be blunt, illegally had his name put on the deed to "Tom's" fully paid off condominium without permission of the courts several years ago. (Supposedly this was done to prevent "Tom" from giving it away if someone asked, which based on the cognitive impairment involved, could happen.) There also appears to be a pattern of "missing money" with several thousand dollars a year being transferred into the bank account of the Conservator (with no explanation that we are aware of, although there may be reasonable explanations we are unaware of).
 
The legal protections of the conservatorship were canceled (despite my strong objections) three years ago. A "new girlfriend" for "Tom" entered the picture shortly thereafter; she took the handicapped man to an attorney who fired off a letter telling the "ex-conservator" to quit representing himself as having any legal authority, to return all of "Tom's" assets, and get his name off "Tom's" bank accounts, so the "ex-conservator" promptly emptied the bank account, got the handicapped guy to sign a quit claim deed, and locked "Tom" out of his home causing "Tom" to end up homeless for (we think) about three months. (All of the expenses of "Tom's" condominium continued to be automatically deducted during his homeless period; he didn't know how to get help/didn't come to family. We are grateful he is not dead.)
 
Another family member is stepping up; there is now a legal guardianship and conservatorship in place for "Tom" and a trust that the condominium will be going into as soon as we can get "clear title."
 
The "ex-conservator" first asked for $15,000 to sign off on the condominium, got told if he didn't sign off "fiduciary misconduct" would be investigated, and now wants a "release of any liability" signed by all parties.
 
I want to go after this person with every legal means available; the other family members just want the situation to go away and don't think there is enough money involved to justify the cost of litigation.
 
I do not see any future relationship with the person who did this being possible, but the weasel is telling extended family he is being persecuted unfairly, that he financially supported the handicapped man (untrue per the bank statements), no one "helped", etc. and realistically no one in the extended family is likely to believe the misconduct without "proof" because he is charming and personable. (If I hadn't seen the bank statements and attorney letter attempting to extort $15,000 while helping the traumatized handicapped man recover from being homeless for three months, I may have believed him myself.)
 
"Let it go" versus "cutting one's nose off to spite one's face" - thoughts?

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treestar (50,099 posts)    Mon May 26, 2014, 02:19 PM

1. Stuff can be hard to prove and litigation is long and frustrating

But maybe go so far as to have the court order him to sign the deed back over. It was clearly a breach of fiduciary duty to have that deed changed. If it was an already set up legal conservatorship, then he had no right to that. He certainly should not get any money out of it. Might be guilty of extortion on top of it.

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dballance (4,937 posts)    Mon May 26, 2014, 02:51 PM

2. That really sucks. Sorry.

The best way to help ensure responsibility and fairness is to have at least two administrators - not just one. It's well-known that a conspiracy is much more difficult to establish than an individual taking advantage.
 
Having multiple people in on the decision-making and audits makes it far less likely that one person will be able to abuse the situation.
 
Make sure you take all the documents that support your accusation the weasel is WRONG when s/he is telling family that lie about being unfairly persecuted. Publish all those documents to family to let them see the truth.

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flvegan (63,258 posts)    Mon May 26, 2014, 04:07 PM

3. As to the title to the condo

First, what state is the condo located in, and in whose name is it now "vested" per the public records? Has the condo been otherwise encumbered (mortgage or deed of trust) in the meantime, with or without "Tom" knowing about it?
 
These "condominium expenses" that were automatically deducted...these are utilities, condo association fees, or what?
 
As to anything "illegal" if that's true, there are laws to protect the elderly and handicapped from theft and fraud by caregivers. Any court ordered conservator or trustee should be accountable under that very court's jurisdiction. I would probably seek a demand for a full accounting and involve the police (or whomever is charged with that in "Tom's" municipality.
 
For the condo, if there's a question of a fraudulent conveyance, I would find a real property attorney well-schooled in title who would assist for reduced fees or even pro bono. Depending on the state, a Lis Pendens would keep anyone from further alienating "Tom" from his fee-simple ownership, and a quiet title suit would set things right. If the property has been otherwise sold or encumbered, "Tom" may be able to seek damages from the title insurance underwriter (if title insurance was subsequently purchased by the new owner/lender).
 
If the property is in Florida, I'd be happy to discuss further and might be able to put you in touch with just such an attorney.

The husband-hating primitive, even though he's been dead for a while:

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elleng (47,342 posts)    Mon May 26, 2014, 06:18 PM

4. I'd let it go as

'there is now a legal guardianship and conservatorship in place for "Tom" and a trust that the condominium will be going into as soon as we can get "clear title.".
 
I surely do understand your desire to go after the person, but if things are being handled properly now, I would'[t waste my time. I did sue someone who'd taken advantage of me, and tho I could have followed through with a trial instead of settlement, I let it go. These things are NOT pleasant, and I'm very sorry for you, IdaBriggs.
apres moi, le deluge

Milo Yiannopoulos "It has been obvious since 2016 that Trump carries an anointing of some kind. My American friends, are you so blind to reason, and deaf to Heaven? Can he do all this, and cannot get a crown? This man is your King. Coronate him, and watch every devil shriek, and every demon howl."

Offline franksolich

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apres moi, le deluge

Milo Yiannopoulos "It has been obvious since 2016 that Trump carries an anointing of some kind. My American friends, are you so blind to reason, and deaf to Heaven? Can he do all this, and cannot get a crown? This man is your King. Coronate him, and watch every devil shriek, and every demon howl."

Offline Carl

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Re: Idiot Briggs has brother-in-law with problems
« Reply #2 on: May 26, 2014, 08:43:24 PM »
For a group that always demonises  the wealthy and their estates DUmbasses sure spend a lot of time worrying about the outcome of relatives possessions. 

Offline thundley4

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Re: Idiot Briggs has brother-in-law with problems
« Reply #3 on: May 26, 2014, 08:49:33 PM »
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she took the handicapped man to an attorney who fired off a letter telling the "ex-conservator" to quit representing himself as having any legal authority, to return all of "Tom's" assets, and get his name off "Tom's" bank accounts, so the "ex-conservator" promptly emptied the bank account, got the handicapped guy to sign a quit claim deed, and locked "Tom" out of his home causing "Tom" to end up homeless for (we think) about three months. (All of the expenses of "Tom's" condominium continued to be automatically deducted during his homeless period; he didn't know how to get help/didn't come to family.

WTF is she saying? "Tom" had legal representation,  "Tom" became homeless?  What happened to the lawyer the girlfriend took "Tom" to?  What he part of the scam too?

Offline JohnnyReb

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Re: Idiot Briggs has brother-in-law with problems
« Reply #4 on: May 26, 2014, 08:50:35 PM »
For a group that always demonises  the wealthy and their estates DUmbasses sure spend a lot of time worrying about the outcome of relatives possessions.
Truth of the matter is....one DUmmie got his hands on the money first that second DUmmie wanted.

Hell hath no fury like a DUmmie denied unearned wealth.
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Offline Delmar

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Re: Idiot Briggs has brother-in-law with problems
« Reply #5 on: May 26, 2014, 10:30:43 PM »
Truth of the matter is....one DUmmie got his hands on the money first that second DUmmie wanted.

Hell hath no fury like a DUmmie denied unearned wealth.

Nailed it.
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Offline GOBUCKS

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Re: Idiot Briggs has brother-in-law with problems
« Reply #6 on: May 26, 2014, 10:37:52 PM »
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A member of my husband's extended family is cognitively impaired

The DUmp is a great place to learn about cognitive impairment.

Offline Big Dog

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Re: Idiot Briggs has brother-in-law with problems
« Reply #7 on: May 26, 2014, 11:31:32 PM »
WTF is she saying? "Tom" had legal representation,  "Tom" became homeless?  What happened to the lawyer the girlfriend took "Tom" to?  What he part of the scam too?

Tom? Addle-pated and homeless Tom?

As in "Tom in Tiburon"?

I had no idea he's related to IdaNo Briggs.
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Offline Ptarmigan

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Re: Idiot Briggs has brother-in-law with problems
« Reply #8 on: May 27, 2014, 12:12:34 AM »
Recurring theme of DUmmies is they have poor relationship with other family members. They are often estranged from them.
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Offline vesta111

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Re: Idiot Briggs has brother-in-law with problems
« Reply #9 on: May 27, 2014, 07:32:37 AM »
Recurring theme of DUmmies is they have poor relationship with other family members. They are often estranged from them.

Sounds to me that old Tom was doing well for himself regardless of his problems, holding down a job, a paid off condo, handling his own finances and a girlfriend.

When and for what reason did the family get a judge to  find Tom needed  management over his life  and finances ?

The elderly often put their trust and estate in the hands of a lawyer that will bleed them dry. Nothing new here, same old song and dance.

I just hate it when someone of any age is grifted, then family say it is not worth the time or the money to go after the SOB's , the money or property is gone so why bother to beat a dead horse.

This is not to get revenge but to insure the rest of society is safe from being eaten alive by these creeps.    Even if the creeps are family to you taking advantage of another family member, stop them before they destroy the lives of other unwitting victims.     

Human nature is to justify ones acts, unless one is declared insane there is no excuse for anyone that talks themselves into believing they have the right to take what is not there's.

Heard the old, we are doing this for their own good too many times.   Society has a way to deal with the creeps and as they languish in a cell they keep repeating that no good deed goes unpunished.