I am the executor of my mother's estate. She died in 2008. My brothers have filed suit against me for accepting a gift from her using her medical records stating she was diagnosed with Severe Alzeimers. It was originally diagnosed in 1998. In 2000 my brothers manipulated her into making serious errors in judgement that lost the family latge sums of money something which I fought due to her Diagnosis. One of my other brothers took all of her substantial bank accounts and put them in his name as well. I tried to fight what they did due to her dignosis and who ever I spoke to said all they did despite her diagnosis was legal. In 2004 she gave me a large gift but much smaller than the stupid and manipulative things they did to her over the years after her diagnosis that either lost large sums of money and the other brother emptied her substantial bank accounts and hid them elsewhere over the years. I had no idea they were doing this. Although I did ask many times for my mothers bank account numbers but my brother refused to give them to me even though I was to handle the succession of her estate. Both brothers put up road blocks to prevent me from getting what I needed for years. According to the banks and one of my brother's she had NO money in the bank when she died. She was a very wealthy woman! What little was there he claims was all his. They are using medical records that show she still had the same diagnosis when she gifted to me but it is now being stated in my brothers suit that I took advantage of her in her 'dodage'. I would like for EVERYTHING to be done fairly and the money they foolishly invested and stole is returned by them. I would put back what she gave to me. I have hired three attorneys in the New Orleans and Metairie area but none of them will obtain any documentation so I can show she had the same diagnosis when they did the things they did. If my two brothers can use this diagnosis of severe Alzheimer against me then why cant I get I use the same medical diagnosis against them? None of the attorneys will get those records to provide me a proper defense!Something is very wrong here I am not asking them to do anything illegal and they wont request anything I have asked for despite they were paid to show that All of us should be treated fairly. I just want the whole truth to come out and it seems that it has already been decided that I am going to lose no matter what. There is a deposition scheduled for October 27, 2010. He has not even produced the bank records which the otherside is asking for. I am just supposed to show up empty handed and since my third attorney will not obtain nothing I asked for. I did mention the whole situation seems very odd to him. My last attorney told me the medical record from 1998 are lost. THEY ARE NOT! He just did not request them Stating 'he did not want them.' Well I do need them and am entitled to them. Medicare said all we need to do is get her medicare number and find the Neurologist she saw in 1998 which should be easily found in her medical records. This should not be difficult even according to Medicare. Now I have no attorney to represent me during this deposition because I refused to answer a few more questions he asked me until he answered at least a few of mine first. I complied with everything he asked me everytime to the best of my ability. He said if I did not answer him in 24 hours he would withdraw as my council. He did. He still refused to answer my questions so he quit.He has yet to provide me anything he obtained while under my employ. I did mention to him that it was very strange that NONE of the attornies I put on retainer even tried to get these records or mount any type of defense for me. He even threatened me that he was going to watch the court records to see who my next attorney is so he can muddy the waters so to speak. I have not been able to find another attorney as it will probably look as if I am difficult. I can prove that I was in no way difficult considering all the circumstances. My attorney told me exactly what the other side was going to do to me but nothing about how he was going to counter. He told me 'They are going to site me with contempt of court and get me removed as executor for not doing my job! I have worked hard on this for a long time but I can't force any attorney to do get the necessary documents I need to mount a proper defense. I feel that I don't have a chance to win in the New Orleans area. One more thing is there someone you can suggest who can that you seriously trust to help me through the deposition and to give me enough time to get what I literally have been asking for for years? I would pay him by the hour at first. Please help. Could I possibly ask for a change of venue? Since I cant defend myself there for some odd reason? I live in North Carolina but will come back at anytime I am needed.
Category: Venue |
State: Louisiana |
Without seeing all the documents and facts involved, we are unable to determine why you cannot obtain the medical records. Typically, such records may be made available through a request for production when the medical condition is made an issue in a lawsuit.
Venue is the local area in which a court, that has jurisdiction, may try a case. Jurisdiction is the geographical area within which a court has the right and power to operate. A court system may have jurisdiction to take a case in a wide geographical area, but the proper venue for the case may be one place within that area for the convenience of the parties. Jurisdiction is subject to fixed rules; however, venue is often left to the discretion of the judge.
Venue is the legally proper or most convenient place where a particular case should be filed or handled. Every state has rules determining the proper venue for different types of lawsuits. Normally, the venue in a criminal case is the judicial district or county where the crime was committed. The state, county or district in which a lawsuit is filed or a hearing or trial in that action is conducted is called the forum. For various reasons either party to a lawsuit or prosecution may move (ask) for a change of venue, which is up to the discretion of a judge in the court where the case or prosecution was originally filed. Reasons for such a request may include a clause in a contract stating that any action must be brought in a certain other venue, or pretrial publicity may be claimed to have tainted the potential jurors in that venue from rendering an impartial judgment. Difficulty in obtaining competent representation is generally not a reason to support a change of venue.
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