A judge on Thursday granted a temporary
restraining order to the guardian of an elderly woman who deeded her
Milwaukee house to the couple next door who were later charged with
defrauding her.
Orlin and Craig
Root-Thalman, a married couple, obtained the title to the 92-year-old
woman's home in the summer of 2016. Later, she was found incompetent and
lawyer Eamon Guerin was appointed as her guardian and a probate judge
voided the quitclaim deed.
At the end of 2017, the Root-Thalmans were charged with fraud. Their cases are pending.
But in late May, the Court of Appeals reversed the
probate judge's attempt to void the transfer because the Root-Thalmans
were never given notice their property rights might be in jeopardy at
the guardianship hearing and never had the chance to hire an attorney or
prepare a defense.
In
court Thursday, Guerin's attorney told Milwaukee County Circuit Judge
Stephanie Rothstein that the appellate ruling would become effective
next week, and Guerin was concerned the Root-Thalmans might then try to
enter, sell or rent the woman's house, or remove her personal property
that's still there.
On Monday, Guerin, as the
guardian, sued the couple to clarify to "quiet title," that is, have the
court declare that his ward is the sole legal owner of the property, on
the grounds the quitclaim deed was obtained by fraud or undue
influence.
Guerin said the woman has been living in
her own apartment with 24-hour care since she was taken from the hotel
where the Root-Thalmans had moved her while they said they were having
improvements made to her house.
Rothstein granted
the order and set the matter for an injunction hearing, with the
Root-Thalmans' attorneys also present, for August.
Full Article & Source:
Judge orders couple charged in scam not to enter elderly woman's home
See Also:
Wisconsin: Appeals Court Returns Elderly Woman's House to Couple Charged With Stealing It
Couple charged with scamming home, cash from 92-year-old neighbor with dementia
1 comment:
That's the way it should be until the hearing and the couple is deemed innocent or guilty.
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