Judge orders couple charged in scam not to enter elderly woman's home

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.

Craig Root-Thalman is scheduled to change his not guilty plea in July. Orlin Root-Thalman's case is scheduled for trial in September.

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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