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Dad was married with two sons, one was Homeless the other a Gangster. While he was convalescing in the Veterans Administration Hospital, Gangster lived with mom. After Mother died, Gangster assumed sole use and possession of the family home. He then started intercepting Dad’s monthly social security and county retirement checks from the mail. Gangster stole Dad’s identity to cash the checks. He obtained a power of attorney, which was purportedly signed by Dad (who couldn’t use his hands), and used it to create Dad’s Trust. The Trust gave all of Mom and Dad’s assets, namely the family residence, to Gangster. Dad passed-away before leaving the hospital and Gangster transferred the house to himself.
We represented the Homeless son by challenging the trust’s validity on grounds that Gangster lacked authority under the power of attorney to create the trust. We also filed a claim to set aside the transfer deed, and for financial elder abuse to recover the social security and retirement funds stolen by Gangster. As a result of settlement, Homeless son received 95 percent of the house’s value.