A family fighting over an elder member's will has taken their battle to St. Clair County Circuit Court.
The child and grandchildren of James D. McDaniel argue his other child and grandchildren changed parts of the elder's will and forced McDaniel to make a will while he was not in the right mind capacity to do so.
In their suit, David McDaniel, James McDaniel's son, and grandchildren Jennifer Kay Emery and Melissa Mary McDaniel, also claim that Anita Metzker, James McDaniel's daughter, took $60,000 from his account before his death.
Full Article and Source:
Family feud contestants seek in excess of $60k in damages
The child and grandchildren of James D. McDaniel argue his other child and grandchildren changed parts of the elder's will and forced McDaniel to make a will while he was not in the right mind capacity to do so.
In their suit, David McDaniel, James McDaniel's son, and grandchildren Jennifer Kay Emery and Melissa Mary McDaniel, also claim that Anita Metzker, James McDaniel's daughter, took $60,000 from his account before his death.
Full Article and Source:
Family feud contestants seek in excess of $60k in damages
Sadly, this is a lawyer's dream.
ReplyDeleteIt's a shame. People think they're doing the right thing in taking it to court, but it's the absolute opposite of what they should do.
ReplyDeleteYes, the majority of lawyers make money on pain and suffering, conflict and grief, which pretty much gives lawyers income til the end of time.
ReplyDeleteAnd, what most people don't know about this case is that David's own mother told her family before her death that she did not want her own son, David, at her funeral. Nor does anyone else know that the checking account was put into Anita's name 13 years before JD McDaniel's death, and the attorney who set it all up told JD that the money was going to go to Anita upon his death, and that's what JD wanted. No abuse is going on or was going on in this case, it's just a matter of a jilted son trying to get back at his sister by dragging this into court.
ReplyDeleteAs a seasoned elder abuse advocate I must say I am so saddened and deeply disturbed by these types of cases. Unfortunately, for the elderly, so much of this type of abuse and neglect is reported to our office on a daily basis. Our world is a sad, sad place. But, as social workers, we feel we have to keep fighting. Because people like to believe the best in people, they often place their affairs in the hands of those who they think they can trust. Noone believes that a family member would do something like this. So often, as it appears so obvious to the professional eye, in this case, they become betrayed and it becomes about greed and not fulfilling their duties as POA and/or executor. The person who is supposed to be safeguarding the elder person instead becomes heady with authority and ends up taking advantage of the elderly to their benefit and places them in harms way. We see it all the time. Most of the time you will see POA's who will still take care of the parents physically and emotionally, but still do illegal fiscal things because they just can't help themselves and greed wins over. It happens all the time. They are like little kids in a candy store. Each case I see turns my stomach. What has happend to love, trust, honesty and integrity in our world? It seems like in this case, the decedent was not only abused and extorted financially, but emotionally and physically as well. Anonymous, thanks for your input. You are right, this is a lawyer's dream. A case of this magnitude will be exhorbitant in legal fees and the cost will be astronomical. We've seen cases like this go on for years and years, tie up estates and probate for many years and go into the hundreds of thousands of dollars expense wise. Unfortunately, we have found because people are human and sometimes emotions prevail, communications break down and folks are forced to turn to the courts for help. You are right. It is so true. You seem to have alot of pretty intimate knowledge of the case. Your post seems very detailed about the financial aspect of this case. What can you tell us about the protection of the health and well being of the decedent? What happened to the elderperson in this case? Laura Wilkes LSAW
ReplyDeleteAnita, we will always love you, we will never stop loving you and wanting what is the very best for you and the entire family. We forgive you. Miss you.
ReplyDeleteLove, David & Gina
Anonymous, you mentioned "the attorney said the money was going to Anita upon death and that is what JD wanted" when the article specifically says that Mr. J.D. McDaniel revised his will in 2003 which states his 4, I believe, grandchildren were to inherit the money. The Attorney created, drew and filed the will, so I'm confused about how its possible to think he would say the money went to this Anita, when the lawyer himself personally and purposefully redrew the will to be changed to the granchildren receiving the account. Its obvious, even from the sidelines of this case, the deceased made a specific request, without any doubt, for his grandchildren to inherit his account. Why else draw up the will? Why else spend the money to do it? However, the only other way that I can understand your logic is if you feel the will is a forgery or fraud, now that's a whole different issue. Help me understand your logic if you would. Thanks!
ReplyDeleteThis is a good reminder to all that we all manage and have choice in our own destinies and that what we do, positive or negative, can have an impact on not only our own lives, but generations to come, and so on, and their destinies as well. Most importantly, we all have been given free will to choose. It is my hope for this family and the generations to come that it is not too late. Life and family are a special gift.
ReplyDeleteI hope this sad saga is updated. I am very interested to see how much of the estate will be left after the case is closed, all attorney fees and court costs have been satisfied etc. Or, will the money run out long before there is a conclusion? My best guess is: the money will be eaten up in full, leaving $00.00 in the end.
ReplyDeleteNote to Laura the social worker:
ReplyDeleteI agree with you that generally, no one thinks a family member would steal from them and are often shocked to find out there is indeed a black sheep in the family waiting for his/her chance to strike. And that may well be the person who has the PoA.
Let me preface my next comments, by saying that I in no way condone family theft -- but family thieves usually steal thousands, some tens of thousands, a few even greater amounts. Guardians and their attorneys, however, "steal" everything a person has and leave their wards penniless.
Because once a person is exploited by his/her family, the courts usually "protect" the victim with a guardianship, and that's when the real exploitation begins.
Here's the difference between theft by family and "theft" by guardianship: theft by family is punishable and the stolen funds has a chance to be recovered. There can be accountability. There is no recovery from an unlawful and abusive guardianship because the court has rubberstamped the fees which eat up the estate.
What I'm saying is the result of exploitation is more exploitation.
So, knowing that the victim of family theft usually jumps from the fire to the frying pan, is there an answer to protect the vulnerable without exposing them to more abuse?
I've been keeping an eye on this blog for over a year now and this particular case has piqued my interest. They do such a wonderful job here on this site and are so in line with my own passions -(Thank you-NASGA!) Please allow me to say my heart goes out to this entire family and I am praying for them. I've experienced something similar, know the paralyzing fears, pain, and struggles that are experienced by all parties involved. It is not an easy burden to bear. However, I am actually encouraged about this case, compared to some of the others posted here over the past few months. This is because I sense an underlying current of love. It 's hidden to the naked eye, but its does appear to exist by everyone. There is hope! I pray that love, healing and courage will prevail here. I have faith that one day we will see a positive update to this story. Anonymous, Sue, Laura and Wisernow you all have brought up some very good and spot on points. I feel the overwhelming need to buttcheek in here and throw my red hat in the ring not only about the hope of love prevailing, but also in regards to wisdom about the courts and their authority, lawyers and their ungodly fees and expenses etc. Ugh! :-( I couldn't agree with you more. There's been something eating at me about this though and after much time and stewing (or what we call here in the South, "festering") I realized what it was. It was a verse that I vaguely remembered from my experience, but had to find, which may be of some minor assistance in this matter. It may or may not apply, I'll never know, but thought I couldn't ignore it, no matter how hard I've been trying. It just wouldn't go away. The verse is Matthew 5:25 and allows for a higher authority than the courts to prevail. And, that could only be a good thing for the regular joe!:-) HA!
ReplyDeleteThanks for hearing an ol' broad out.
Families need to realize that the courts are not in the best interest of anyone but themselves.
ReplyDeleteAnonymous, what is the alternative when the family does not act in the best interest either? It is a perplexing situation.
ReplyDeleteIt is a very ugly fact that Attorney-in-fact’s (POA’s), Guardians (family, state and otherwise) and courts can and have exploited....the mere existence of this site says it all. It is beyond horrific that we are here discussing it all. We live in such a fallen world. As Abraham Lincoln said: "Nearly all men can stand adversity, but if you want to test a man's character, give him power." I did want to share something positive with you and to let you and anyone out there interested, know Guardianship, although it can be a terrible thing as so well demonstrated on this site, can contrary to popular belief, at times prove beneficial and an act of love and honor to the patient. I know that we mourn and grieve the cases that are so rampant in our world today. However, I think we also have reason to be thankful and celebrate the positive beneficial guardianship cases that do exist, such as the following. Maybe some good reporting can help set good examples and offer a ray of hope and light, even if it is a sliver in an otherwise horrific arena. Gladly, in this case, it appears just one of the many reasons temporary guardianship was assigned by the court was to protect the Mr. McDaniel from being evicted from a nursing home, unnecessarily, where he resided and was cared for by facility and hospice during last days and hours of life. Powers were rescinded current agent and awarded to temporary family guardian which prevented client from receiving substandard care and being removed from long term care and hospice. According to case #08-9-12, St. Clair Cty crt filing temporary guardianship awarded on January 9th to grant permission to act to maintain the respondent in the current residential long-term facility and the financial powers thereof. It appears if temporary guardianship not awarded, left at the devices of current POA, respondent would be evicted within days, all during end stage dying process. The case goes on to state although Mr. McDaniel had ample funds in his care account in his name to cover his monthly stage IV care expenses of over $5,000 for at least 12 more months, current agent failed to act in the best interest and hoarded funds, removed funds and neglected to act in fiscally appropriate manner, in the benefit of agent. Mr. McDaniels personal being and assets under previous attorney in fact, were neglected and abused which caused/threatened substantial harm to him. Patient was injured and hospitalized as a result of the lack of proper care and oversight provided by agent. According to legal record, long term residential care expenses were $20,000 past due, secondary health insurance benefits over 90 days past due, resulting in loss of medical insurance benefits, drug benefits allowed to lapse denying him medicine, union benefits lapsed and expired, canceling all benefits, homeowner’s insurance lapsed and expired, auto insurance lapsed and expired, personal property tax unpaid and penalties charged, real estate tax unpaid and penalties incurred, the list is grossly extensive in the court report. Temporary guardianship granted on Mr. McDaniels behalf was in this particular case beneficial and necessary for survival, as guardian was able to stop eviction process, allowing Mr. McDaniel’s to be at peace during his end days. Under the action of temporary guardian, all medical benefits and union dues were reapplied for on emergency status and granted , including medicine. All bills, including long term residential care and all past due taxes and accounts were brought current and penalties paid by guardian. The temporary guardian in this case did not remove any assets, financially or otherwise, from Mr. McDaniel except for court costs of $200 and was able to handle affairs and provide protection from harm during the brief, temporary guardianship term of only approx. 2 weeks. Sadly, Mr. McDaniel died on January 26th, just 2 short weeks after being notified of eviction. St. Clair County court records show no claims or monies awarded guardian. As mentioned, court fees of were $200 assessed.
ReplyDeleteIt is not a perplexing situation. Not at all. A lawyer once said to me that he loves his job because people will pay him $400 dollars an hour to fight over a $20 dollar nic-nac. He laughed walking in to the courtroom. The courts, lawyers, guardians, fidiciaries etc. are there to make/take money, period.
ReplyDeleteThank you for the update in this case. My thoughts and prayers go out to this family.
ReplyDeleteThanks for the update, but Oh my heck, that is just awful. Keeping much needed medical care and benefits from someone in need, I hate to say this, is cruel and inhumane. Moving an end stage alzheimers patient during their last day's would be devastating to the patient. It would be a terribly source of confusion, fear and panic for them. It would literally scare them to death. My heart is broken to hear about this case. SpeakUP, I agree, there must be some accountability and consequences for treating a human like this. People wouldn't treat their dogs like this. Oh my lands.
ReplyDeleteThanks for the update. I agree that treatment is cruel and inhumane. What has happened with the 60K and the alleged changing of the will?
ReplyDeleteNo offense anonymous, but, I'm still trying to get over the shock and despair of the awful abuse and mistreatment of the deceased. Originally, I thought this was a case of a family fighting over money, blah, blah, blah but I realize its about something different. This is about humans abusing other humans, family hurting family. I'm going to keep an eye on this case. Please update. If I could I would freely volunteer to be on the jury for this one. May justice win in memory of this man.
ReplyDeleteWJ - you said something that is indicative of how most people are conditioned to think. You said you originally thought this case was about fighting over the money.
ReplyDeleteWhen a family member goes to court to contest a guardianship, the family is ignored, maligned, and soon dismissed using that very mindset. No matter how we stand and beg for the safety and well being of our loved one, the guardian and their attorney(s) turn it into a "greedy relative" thing, which it isn't.
Guardianship wards are often forced into nursing homes against their will. They are scared and alone and cry to come home. Many are abused, neglected, and isolated from their loved ones.
But, let the family complain about the treatment and the judge will say the family's only interest is money -- the best interest and the safety of the Ward are ignored by the court.
The moral of my story is most people think a family fight is about money -- and often that's dead wrong. Often it's about care issues.
One person said "And, what most people don't know about this case is that David's own mother told her family before her death that she did not want her own son, David, at her funeral. Nor does anyone else know that the checking account was put into Anita's name 13 years before JD McDaniel's death, and the attorney who set it all up told JD that the money was going to go to Anita upon his death, and that's what JD wanted. No abuse is going on or was going on in this case, it's just a matter of a jilted son trying to get back at his sister by dragging this into court."
ReplyDeleteOne person said "According to case #08-9-12, St. Clair Cty crt filing temporary guardianship awarded on January 9th to grant permission to act to maintain the respondent in the current residential long-term facility and the financial powers thereof. It appears if temporary guardianship not awarded, left at the devices of current POA, respondent would be evicted within days, all during end stage dying process. The case goes on to state although Mr. McDaniel had ample funds in his care account in his name to cover his monthly stage IV care expenses of over $5,000 for at least 12 more months, current agent failed to act in the best interest and hoarded funds, removed funds and neglected to act in fiscally appropriate manner, in the benefit of agent. Mr. McDaniels personal being and assets under previous attorney in fact, were neglected and abused which caused/threatened substantial harm to him. Patient was injured and hospitalized as a result of the lack of proper care and oversight provided by agent."
Very different accounts. My guess would be that somewhere in the middle lies the truth. Regardless, no-one wins here.
To the last Anonymous,
ReplyDeleteThere are always conflicting sides in these cases, and each person stands tall on his/her issues, but I'm not quite sure that the truth is somewhere in the middle.
I believe in most (not all) family disputes, it's clear who is wearing the white hat and who's wearing black. It's not clear for us (observers) in this case, of course, as we are not privvy to all the documents and knowledge of the family, etc.
But to this family, it's probably very clear who was out for Mom and who was out for Mom's money.
I dont believe that it is as black and white as some may think. Just because things are stated on a piece of paper and filed in a court does not mean that it is 100% true. I have seen too many guardianship cases where the guardians and their attorneys lie about a family member just to get control of the estate. Make the family look bad so they can protect the loved one. Then they bill and bill and bill the estate.
ReplyDeleteWhen a family member depletes an estate it is called exploitation and abuse. When a court appointed guardian or attorney depletes an estate it is called fees for service.
ReplyDeleteA rose by any other name ---