Expert: Morgan Smith - 7/8/2011

Question
Hi! This has to do with a matter from my mother's van. She lived with me for over 5 years.  I even was her Power of Attorney, but she was so bad, that I couldn't handle her anymore.  Especially with me battling brain cancer too.  My brother took her in, and it ended up in a short while for her to go into a nursing home.  She passed away 3 weeks later.  The bad part, is that things are coming about with how my brother has done various things with her money, etc.  Now with her van. I was told one story, but now a year later found out something else as a family member to me to check into this.  With carfax, it shows 6/16/10 it was a sale and 6/22/10 titled in Florida.  Plus, it actually has my mother owner for 5 years up until 6/22/10. However, she passed away 6/19/10. With homework, I called Florida DMV and now I'm really furious over this.  The DMV said that records show a sale on 6/16/10.  They have a copy of the title with my mother's signature on 6/18/10. She gave me the name of the notary that happens to be in FL. (Now, my mother is in the Alzheimer section of a nursing home in NJ.) The new title and plates was issued on 6/22/10.  So happens, it was also given as a gift to my sister-in-law's sister.  Also, after looking up the name of the notary, she happens to live a couple of blocks from my siser-in-law's sister.  I'm to the assumption with the DMV women too that this notary was for my mother's name on the title.  I see on the net that sometimes this doesn't hurt, especially when a sale is done from another state.  Now, how can a notary in FL say it is my mother when she is in NJ?  That is wrong there.  Plus, my mother is with full dementia and can't make decisions.  All of this is just horrible.  A relative thinks that this could have been pre-dated by a notary who is a friend as how in the world could all of this be done one day before my mother's death?  So, I would like to know where I can go from here.  Am I allowed to get a copy of that document from the FL DMV?  I have the VIN since registration forms are here at my house with my mother living with me.  Also, who do I go after? I don't know.  Plus, is this something I can go for? This is in honor of my mom.  I don't have much money for a lawyer, but I will do what I can for her. Thank you so much for you help.  Hugs.

Answer
Dear Patty,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question is about a deathbed conveyance, fraud, forgery, and intestacy.

It is a good idea for everyone to have a will that clearly directs family and the government how to dispose of our property when we die.  When a person dies with out a will, or intestate, that creates a batch of problems I refer to as intestacy.

Vulnerable adults are frequently targeted for property swindles, and a common one is a deathbed conveyance or a near death gift.  This is particularly attractive to naughty folks when they know or believe the person is intestate.  It is not difficult for malfeasants to back date or forge signatures on documents to get hold of some property.

Potentially you could sue your brother in your state and/or Florida in probate or the appropriate type court for the respective state under a theory that your mom was intestate and as her heir you deserve half (assuming no other siblings) of her estate, including the van.  During your lawsuit you could subpoena records from the DMV and have an expert examine the handwriting to support your fraud claim.  You could also gather evidence about where your mom was at the time of the alleged sale.

I would look for an attorney licensed in your state and/or Florida, and get some quotes about hourly rates and expected costs for helping you with the suit.  Depending on the value of the remaining estate, it may be worth more than simply your feelings and a bit of revenge to proceed.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law