[lou_lou]

http://www.avvo.com/legal-answers/di...th-243335.html

if there is a lawyer who will answer this question it would help many husbands and wives going through a divorce with a neurodegenerative illness etc..
thank you~

[reverett123]

Originally Posted by CTenaLouise

http://www.avvo.com/legal-answers/di...th-243335.html

if there is a lawyer who will answer this question it would help many husbands and wives going through a divorce with a neurodegenerative illness etc..
thank you~

One possibility would be to argue mental incompetence due to medications.

[lurkingforacure]

In my state, Texas, no title passes by theft. If someone is fraudulently induced to sign a paper (here, a deed) in exchange for a promise to receive money (here, her half interest in the house, net of taxes and any other legitimate debts against it, of course (such as a mortgage)), the deal is not done until she signs the deed over to him and he gives the cash over to her.

The problem, of course, is that having signed the papers, whether she was competent or not to do so, she must go to court to prove she never received what she was promised. Any lawyer worth a damn would NEVER give the other side the signed deed without simoultaneously getting a cashier's check or check in certified funds for his/her client. Duh.

Any court battle will be a pain, especially for someone with PD. Options I would explore are (and this is NOT advice, anyone reading this needs to get their own COMPETENT lawyer) include:

1. a firm letter advising the husband and his attorney at the time that the promised funds were never received, and advising that action will have to be taken to rectify the "oversight" if not received within ____ days (and casually mention if not received within that time frame, she will seek to have the deed set aside, a lien filed against the property for the money she was promised but never received, etc.....this could really muck up the title to the house and perhaps motivate the parties to honor the agreement (ie, pay her_ without going to court,among other things); and/or

2. contact the state bar of the state where this happened and file a formal complaint against the lawyer (I would do this anyway, even if I got the money from my ex)...sometimes state bars have victim funds which can pay out damages to the victim in lieu of a court battle (much easier, cheaper, and faster).

Geez, I can't believe some people have a law license, it's scary. But there are lots of good lawyers out there, tell your friend to get one and good luck.

[lou_lou]

Originally Posted by reverett123

One possibility would be to argue mental incompetence due to medications.

1.A deception deliberately practiced in order to secure unfair or unlawful gain.
2.A piece of trickery; a trick.
3.
a.One that defrauds; a cheat.
also~
fraud due to the signature was invalid...
conflict of interests
incompetent greedy lawyers , &
divorce lawyers who do not care about their clients...
also there is more...
noone told the woman w/ PD, if she signed the check, which had the exhusbands divorce lawyers name on it, then the exhusbands and the exwife's but it did not have legal aids name on it?
http://www.uslaw.com/library/Real_Es...hp?item=765238

[lou_lou]

dearest rev and my dear lurking for a cure,
THANKYOU!!
I was told:
they were to report them to the cheif disciplinary counsel of the state of MO.
Missouri... they had to call the governors office - and request someone who could help fill out the paperwork for the PD patient...
she is very thankful, for any help...
ps: dear Lurking -ie: she never received the dollar ... she never received zip... she lives off the government with medicaid and foodstamps...
they did not care about her at all in the courtroom...
exhusbands attorney was paid bigmoney -
wife had legal aid ? because she was thrown away property...

Missouri code of ethics?
http://www.law.cornell.edu/ethics/mo/code/MO_CODE.HTM