1. In January, 1992, the husband of FCW died. DEF tried to get FCW to move to TX to live with DEF and wife. 2. In February, 1993, FCW created the FCW Family Trust with FCW as the Trustee, and PLA and DEF as successor co-trustees. This trust was set up thru the Charles Givens financial organization. This organization no longer exists, apparently due to the death of Charles Givens in 1998. 3. A year or so later, after selling some property at Gulf Shores, AL, FCW gave PLA $85,000 to buy a house and approximately $15,000 to start a travel agency business. 4. FCW also offered to pay off the ~$40,000 mortgage of DEF at the same time. DEF said no. 5. At this same time, FCW paid off the mortgage on her home at 4261 Sharpsburg Dr., leaving it free and clear. 6. In August 1994, DEF moved mother-in-law up from FL to stay in his home after the death of her husband in January, 1994. 7. Also in August, 1994, DEF started making monthly 3 day trips from Houston to Birmingham to visit FCW, purchase a month’s worth of groceries, and take care of any other problems. Apparently it was too difficult for PLA to get groceries for FCW. 8. DEF also talked by phone with FCW 2-3 times per week. 9. In July, 1996, after not hearing from PLA for approximately 18 months, FCW changed the FCW Family Trust to exclude PLA as successor trustee. At this time, FCW also changed her Will, POA, and Durable POA for Healthcare. 10. PLA was not notified as FCW and DEF did not have a known valid address or phone number for PLA. DEF had, over a period of several years, sent birthday cards, Christmas cards, and even Christmas gifts to PO Box with no acknowledgement. 11. In addition, when the husband of FCW and the father of PLA and DEF, died in January, 1992, PLA had not been in touch with FCW and husband for several years. 12. In the 1997 – 2003 timeframe, PLA encouraged FCW to obtain ~4 home equity loans on the property at 4261 Sharpsburg Dr. From these loans, PLA received $25,000 - $50,000. DEF’s son also received a long-promised gift of $25,000 from the 2nd of these loans. 13. These four loans left FCW with a mortgage of $294,000 on her previously-paid off home. 14. In December, 2003, Plaintiff got Power of Attorney for FCW, apparently in an attempt to bypass the Trust and hide her activities from DEF. 15. DEF was not notified of this happening. 16. DEF also had a POA from the 1996 Trust modification. It is unknown at this time if the POA obtained by PLA specifically revoked DEF’s POA. 17. According to FCW, when questioned by the attorney setting up this Power of Attorney, FCW told attorney that she wanted both PLA and DEF to have her POA. 18. DEF was not notified of this happening. 19. In June, 2004, PLA had FCW declared incompetent, apparently due to early Alzheimers. Thus PLA and DEF became successor co-trustees in the FCW Family Trust. 20. DEF was not notified of this happening. 21. On July 5th, while FCW was in hospital being treated for colon cancer, PLA put FCW,s home on the market. 22. DEF was not notified of this happening. 23. On July 7th, PLA entered into a contract to sell FCW,s home at 4261 Sharpsburg Dr. 24. Seeing that the house sold in 3 days, DEF suspects it was under priced to force a quick sale. 25. PLA had planned to place FCW in an Alzheimers nursing home situation. 26. On July 23rd, DEF recorded the 1996 Trust and POA at the main Courthouse in Birmingham and faxed a copy to the closing attorney’s office. 27. After signing a contract to sell FCW’s home, PLA found that none of the possible places would accept FCW. 28. Having no place to put her, and apparently, not willing to take her into her home, PLA asked DEF to take FCW to Houston with DEF. This was something that DEF had been trying to do for years, but had been resisted by PLA. 29. During this conversation, when discussing the removal of furniture from FCW’s home, PLA said that she wanted DEF to handle this as PLA had been “working on this for a year and a half, and didn’t want to fool with it anymore.” 30. This statement coupled with the fact that PLA had recently replaced flooring and carpeting in the house, led DEF to believe that PLA had been planning to sell the house for this time period. 31. PLA said that despite the fact that FCW moving to Houston, PLA would retain control of FCW’s monies and bank account in Birmingham, using her POA. PLA also stated that she would retain control of all proceeds, approximately $65,000, from the property sale. 32. PLA said she would send necessary monies for FCW’s care and upkeep. To date not one penny has been received. DEF has spent almost $4000 getting FCW set up in her own apartment. 33. On July 23rd, DEF brought FCW to stay in Houston. 34. At the time FCW was moved to Houston, FCW had never been to PLA’s, home and did not have PLA’s phone number, or home address. 35. During the week of July 26-30 the sale closing date of July 30, 2004 was changed. 36. DEF was not notified of this happening. This resulted in DEF making a useless trip from his home in Houston, TX to Birmingham. 37. On July 30th, after deciding to meet with the closing attorney, Woody Hamilton, anyway, DEF was informed that there was a problem with the way the 1996 Trust was drawn up. Attorney Hamilton indicated that the title company would not issue a title due to the 2 competing trusts. He said that we could probably solve the problem by the DEF and the PLA giving him and the title company a “Hold Harmless” agreement and agreeing to abide by the 1993 Trust. 38. DEF said he would not sign off on the sale as long as PLA would control all monies in violation of the Trust. 39. To expedite things, and not wanting to subject the estate to possible claims for breach of contract over a stalled sale, DEF suggested a compromise. While discussing the recent possible sale of property in North Alabama, FCW said that she want to divide up the proceeds equally between the 3 of us. 40. DEF suggested that we divide up the sale proceeds the same way, with PLA keeping 1/3 in FCW’s bank account in Birmingham and DEF placing 2/3 in FCW’s bank account in Houston. All funds would be used for FCW’s care and upkeep. 41. DEF said “I don’t have a problem with it, but I’ll have to talk with my lawyer.” 42. From the dates on lawsuit filings, DEF must have gone to her lawyer that same day and started the lawsuit in motion. 43. PLA then repeatedly lied to DEF over the next 2 weeks, saying that she was waiting to hear from her lawyer, when she knew that lawsuit was already in the works. A. All documents concerning loans. B. Copy of December 2003 POA. C. All documents concerning FCW’s imcompetency. D. All bank records, cancelled checks, etc of FCW now in the control of PLA E. All records concerning credit card bills, statements, etc., concerning FCW. F.
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