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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default Possible Fraud Concerning Mother's Estate

    My question involves criminal law for the state of: New Mexico.

    I am trying to help out a close family friend who may be the victim of fraud. This is complicated story so I will try to summarize it as best I can, and if I am on the wrong part of the forum, please let me know.
    My 68 year old female friend has had both of her parents die in the last 9 years. Neither one left a will, and she has only one sibling. About three years before her mother died, a niece starting helping her take care of her mother, who had alzheimer's disease. The niece at some point had her grandmother (my friend's mother) "sign" a power of attorney, giving her control over her finances. None of the siblings was aware of this until shortly after the mother died. The power of attorney document is notarized, but none of the siblings gave any consent, or was aware of this document. My friend seriously questions whether the document is legal, since her mother had alzheimer's so badly at this time, she would have been unaware of what any document meant. And my friend says her mother's "signature" is clearly not in her handwriting, and she should recognize her mother's writing. I assume during the time between getting power of attorney and the death of my friend's mother, the niece had access to all of her aunt's grandmother's finances and bank accounts. When my friend's mother died, my friend was made executor of her estate, but never did anything about settling the estate Instead, the niece announced immediately after the death that "she was in full control of all the estate and her assets". My friend has allowed the niece to walk all over her and take control of all the assets, renting out the house for 8 years or more, and my friend got nothing from the estate. Finally, the niece decided to sell the deceased's house, but the real estate people handling the matter told the niece she would have to get a signed document from my friend saying that it was ok for her to sell the house. I can't see how the niece would have any control over any of the estate, and the real estate people probably realized this, too. The niece came to my friend and asked her to sign a document so she could sell the house! Luckily, my friend did not sign. My friend has a copy of the paper she wanted her to sign, and it is a "Warranty Deed" in which the niece is trying to get my friend to sign over the house to her. It is even notarized and has a notary seal. Again, my friend did not sign it.
    I recommended that she go to the Legal Aid Society, which she did, but from there she has been shoved off on every agency and lawyer you can imagine. She even went to a District Attorney's office, and was told she should persue a civil suit against the niece. The person she spoke to at the district attorney's office said that this was probably a category 4 felony, and for some reason (statute of limitations?) they would not or could not handle the case. I am not a lawyer by any means, but it seems my friend (and possibly her brother) may have been and may currently being cheated out of her mother's estate. She really does not know which way to turn now.
    She could go to a private lawyer and pursue the civil suit route I suppose, but first, is it true that the solicitor or district attorney's office would not pursue this case? Even if there is fraud or embezzlement involved? Is there a statute of limitation if a crime is involved here? If she does have to hire a lawyer, she has extremely limited funds. She went to a legal group who is supposed to help elderly with legal problems, and they just told her to "live with it." If she does have to hire a lawyer, does anyone know if there are lawyers in New Mexico who will take the case without a lot of money up front? What steps would you suggest she take to take control of the assets of the estate, and address the issue of the niece possibly taking what is not hers? I would be very grateful for some advice so I can pass it on to my friend. She has another legal battle concerning her father's estate, but I will not address that yet and deal with these two problems one at a time. I will check back with the forum to look for replies, and I will answer any private emails if anyone needs more information. Thanks.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Possible Fraud Concerning Mother's Estate

    is it true that the solicitor or district attorney's office would not pursue this case?
    She went to the DA and was told they would not pursue the case. Why would they lie?

    If she does have to hire a lawyer, does anyone know if there are lawyers in New Mexico who will take the case without a lot of money up front?
    She can call the New Mexico State Bar Association for a referral to someone who will either work on a sliding scale or a payment plan.

    She needs an attorney, and she needs one now if she's to get this untangled and reclaim what is hers.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Possible Fraud Concerning Mother's Estate


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