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CasesThe following are a few concise samples of some complex cases we’ve handled in the past couple of years. Family LawMy Ex Married a Sex OffenderFather discovered that his former wife was currently married to a registered sex offender. Their oldest child was about the same age as the predator’s known victim. Mother had sole custody of the kids. She was generally considered a good mother, but keep her husband’s sex offender status to herself. Father lived 4 hours away and only exercised three visits in two years. Husband’s Bad Faith ScamHusband secretly sent cash to his grandmother. She wrote him checks in return. He cashed the checks and placed the funds in two separate safe deposit boxes, hiding them from Wife. He later claimed the money was borrowed from his grandmother to pay family living expenses and produced the canceled checks in support. He wanted Wife to reimburse him for one-half of the money he allegedly borrowed from grandmother. The Surprise Move AwayMother packed the kids, loaded the car and took off to meet new husband in New York. She told Father it was a vacation. Once she arrived in New York, she told him she was not coming back. One son was academically challenged, he was on an independent education plan. Mother told kids she would die if she was ordered to return them to Father. Business ManipulationHusband and Wife opened a small business. Husband ran it profitability while Wife maintained the home. They enjoyed a nice middle income lifestyle. After Wife filed for divorce, the business took a sudden and unpredicted turn for the worse. Husband stopped paying bills, but was able to trade his Toyota up to a Lexus. Wife sought a temporary support order. Husband responded by claiming business expenses exceeded income. The preliminary evidence supported Husband’s claim. Wills & TrustsWho Signed Dad’s Name?Dad had two sons. He was hospitalized for several years. During that time Son #1 lived in parents’ house. After Mother died, Son #1 maintained sole use and possession of the house. He also took Dad’s monthly social security and county retirement checks. Son #1 assumed Dad’s identity for financial purposes. He obtained a power of attorney, which was purportedly signed by Dad. Son #1 used it to create Dad’s Trust. The Trust gave all of Dad’s assets to Son #1. Son #2 was homeless when Dad died. Stepmother took EverythingDad inherited beach front lots. With Son’s help he built and managed two rental complexes on the property. Dad subsequently remarried four times. He and Son maintained a good relationship. Dad created a trust for the purpose of paying Wife #5's living expenses (for the remainder of her life) and transferring the beach property to his Son. After Dad suffered a stroke, Wife #5 used an out of county attorney to created a trust which gave all of Dad’s assets to her. Dad’s care provider saw Wife #5 badger Dad into signing the new trust. On his death bed, Dad told Son to contest the new trust. Sister ActSister #1 is trustee of Dad’s trust. The trust divided Dad’s assets equally between the sisters, and permitted Sister #2 to live in Dad’s house for the remainder of her life. Sister #2 and Dad were very close. Sister #2, her spouse and child lived with Dad. Before Dad passed he was on heavy medication. As a result he kept busy making partial and unusual repairs around the house. Upon his death, Sister #1 evicted Sister #2, blaming her for Dad’s poor handy work. Sister #2, never responded. Sister #1 obtained an eviction by default, took possession of the house, and paid her husband to make repairs. Sister #1 paid herself and husband hundreds of thousands of dollars over a two year period for allegedly repairing the house. After selling the house, she told Sister #2 that there was no money left in the trust. Rich American AuntRich Aunt owned an apartment complex. Her Brother occupied one of the bedrooms in her unit. Rich Aunt was widowed and did not have any children. She developed a relationship with a Niece who lived in Mexico. Rich Aunt asked Niece to visit and paid for the trip. During the visit, Rich Aunt hired an attorney to prepare a deed transferring her apartment complex to herself and Niece as Joint Tenants with rights of survivorship. Soon thereafter Rich Aunt died. At that point, apartment complex transferred to Niece by operation of law. Brother was upset that his sister left him nothing. He filed a petition seeking to set-aside the Joint Tenancy Deed, claiming it was procured by undue influence. Stepbrother BetrayalMother had four children and no assets when she married her second husband. Together they purchased a house, had a Son, and raised her only Daughter. Several years later husband died, leaving everything to Mother. Son secretly took his infirm Mother to an attorney to prepare a trust naming him as the sole beneficiary of all her assets. Although Daughter lived with and took care of Mother, she had no knowledge of the trust. After Mother died, Son locked Daughter out of the house and rejected all contact with any of his half siblings.
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©2007 The Law Offices of Phillip C. Lemmons All Rights Reserved |