My grandather died oct 2004. My grandfathers guardian was also the exector, who hasn't finish probate. The guardian has my grandfather who was declared incapaciated sign his home so she would be soul survirorship upon his death. My mother found out a year after his death about the deed and that a mortgage was also take out in my grandfathers name. Has the statute run out involving fraud and elder abuse? My grandfather was the ward of New Hampshire and the judge issued a bench warrent for the guardian in NH, but since the property was in New York he couldn't do anything because being in another state.
1 Answer from Attorneys
Based on the facts you've provided, if the New Hampshire courts have said they do not have jurisdiction, then you will need to proceed in New York, where the property is located. Your facts strike me as unlikely. If a judge in NH believed an attorney/executor/guardian had comitted elder abuse, the judge would never in a million years simply through up his/her hands and say "there's nothing I can do about it." Whichever judge appointed the attorney as guardian will most assuredly demand accountability. So I believe there are important facts here which are not included in the question.
Good luck
Rick Bryan, Esq.
New York, NY
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