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May: CAIR's Crusade against The Third Jihad Melissa Healy: Study finds jolt to the brain boosts memory Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation Emily Brandon: 10 Necessities for a Great Retirement Spot The Kosher Gourmet by Diane Rossen Worthington: Winter Squash and Red Swiss Chard Risotto is Colorful Cozy Cold Weather Fare (includes detailed dos and don'ts) February 8, 2012 Rivy Poupko Kletenik: Tree hostility: The auspicious history of the evolution of Tu B'Shevat Steven Emerson: Planting Trees is Racist?! Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups Anne Applebaum: Russia's Potemkin democracy Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs Emily Brandon: 10 Necessities for a Great Retirement Spot The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets) February 7, 2012 Kathleen Hennessey and Christi Parsons: Obama not worried that birth-control move will hurt his re-election chances with Catholics, other faithful Caroline B. Glick: Obama's rhetorical storm Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one Suzanne Bohan: Leaping lizards! 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Glick: Fool me twice Jonathan Tobin : Adelsonphobia Strikes in Nevada Caucus Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US Kimberly Palmer : 8 Ways to Get Ready for Retirement Now Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling The Kosher Gourmet by Faith Durand: A quick cookie recipe: Hazelnut and Olive Oil Shortbread: Sweet, Nutty, and Savory February 2, 2012 Rabbi Yaakov Rosenblatt : Welcome Home, Governor Perry Jim Carney: Wrong number call may have saved her life Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran Kelsey Sheehy : 5 Tips for Choosing an M.B.A. Concentration Rachel Koning Beals : Investors Increasingly Tap Social Media for Stock Tips Tina Susman: For woodchuck rescuer, every day is Groundhog Day The Kosher Gourmet by Leela Cyd Ross : Savory vegetable pie is a taste of European bistro with minimal effort and maximal flavor February 1, 2012 Nara Schoenberg: What to do when you've been dissed Michelle Malkin: First, They Came for the Catholics Brian Bennett: US officials see increasing threat of domestic attack from Iran Lisa M. 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Jewish World Review March 27, 2007 / 8 Nissan, 5767 Children suspect foul play with Dad's estate By Jan L. Warner & Jan Collins http://www.JewishWorldReview.com | Q: When it came time to sort out my father's estate and probate his will (my sister and I are the sole beneficiaries), we began to suspect that during the last years of his life when he was most vulnerable, our stepmother — who has two children of her own by prior marriages — used Dad's power of attorney to fatten her wallet and benefit her and her children. Dad inherited more than $500,000 when our mother died six years ago, yet his estate is reporting only $45,000 in assets. When we confronted her, she said Dad's funds were used to pay for his care and their joint living expenses. We know there is a premarital agreement and that she relinquished claims against his estate. Our lawyer told us that under Dad's power of attorney, our stepmother could have done practically anything with his money without making an accounting. We haven't been able to get any of Dad's records because, as executrix of the estate, our stepmother refuses to produce them. The lawyer says even though we are beneficiaries, we are not entitled to any of these records due to privacy laws. Because our father's estate is now so small, the lawyer suggests we put it behind us rather than run up large legal fees. But we are devastated and believe Dad was taken advantage of. Is the law such that a devious stepmother can walk away with everything, or do we have any rights to ensure that family assets are passed on in accordance with our father's wishes? A: Unless your father's funds evaporated like the morning dew at sunlight, we tend to agree with you that something is amiss. The remarriage of elderly people can cause many intra-family problems unless addressed in advance with appropriate documents that clearly state the intentions of the individuals involved, and provide required safeguards and protections. Not to do so often results in conflicts. First, consider seeking the opinion of another lawyer. As his spouse, your stepmother had a fiduciary duty to your father not to benefit herself or her children from his assets — that is, unless his power of attorney was so broad as to specifically allow her to do so, which seems most unlikely to us. Try to find a copy of the power of attorney from your local clerk of court — assuming it was recorded — and review it carefully to find out exactly what authority your father gave your stepmother as she may have overstepped her authority. Check the gifting provisions, especially. Since you and your sister are the sole beneficiaries under your father's will, we will wager that in return for the transfer of assets to your stepmother at the time of the premarital agreement, she waived her rights to share in his estate. Otherwise, she would now be making a claim for her elective share or as an omitted spouse. In addition, we assume there would be provisions about support issues, including who was to pay what and from what source. Taking the NextStep: We believe you and your sister may have a good-faith basis to bring an action to remove your stepmother as executrix based upon alleged malfeasance as your father's fiduciary. Through the discovery process, your lawyer should be able to get the records you need, not to mention your Dad's medical records that may shed light on his state of mind during the time you believe the funds were diverted. If you are correct, you should be able to have your stepmother removed as executrix and seek to have the funds returned to the estate. Be forewarned: This is tough, lengthy litigation, and no lawyer will take this on without a sizeable retainer and expense deposit from you and your sister. So measure your steps carefully and don't bite off more than you can chew. Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here. Archives © 2007, Jan Warner

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