What documents would show domestic US travel?
Apr 28, 2018, 11:32 pm
#31
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True, but not all lawyers are experts in travel, unlike those in Flyertalk. The wise way, I think, would be to let the lawyers work but to keep an eye on their work in case they are not skilled in travel knowledge.
Apr 29, 2018, 2:31 pm
#32
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It seems that the burden of proof is on you and/or the other relatives to show that he moved there some time earlier. If he did, he had an address. Unless he went to a lot of trouble to hide his presence, there is public evidence of what that address was and when. You shouldn't have much trouble finding it. (You can start with voter lists, which are are public in the parts of the U.S. that I'm familiar with. Of course, he might not have registered to vote. The municipality may have other public resident lists, or there might be utility lists or motor vehicle registration lists. This varies from place to place.)
If this chap was clever, he flew back to his previous abode at the time of the heart attack, turned around and returned, and could easily produce a plane ticket to show that he flew at that time. If he was really clever, he got separate tickets on different airlines, so it would look like a one-way flight at both first and second glance. He might not have been that clever, but unless you know he wasn't, I would look for other indications of residence. You don't want him to say "Here's my one-way ticket, now what do you say?" Conversely, he should look for evidence of continued residence at his previous location up to the time of the heart attack. If he can produce that, maybe he really did live there.
Given the amount of money involved, it's probably time to get a lawyer. Help your lawyer come up to speed by showing him or her this thread.
If this chap was clever, he flew back to his previous abode at the time of the heart attack, turned around and returned, and could easily produce a plane ticket to show that he flew at that time. If he was really clever, he got separate tickets on different airlines, so it would look like a one-way flight at both first and second glance. He might not have been that clever, but unless you know he wasn't, I would look for other indications of residence. You don't want him to say "Here's my one-way ticket, now what do you say?" Conversely, he should look for evidence of continued residence at his previous location up to the time of the heart attack. If he can produce that, maybe he really did live there.
Given the amount of money involved, it's probably time to get a lawyer. Help your lawyer come up to speed by showing him or her this thread.
Apr 29, 2018, 3:12 pm
#33
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With $100K at stake, you (or better put, the trust) needs an attorney and an investigator. Many of the documents you need won't be readily available and contrary to urban myth, you can't simply issue a subpoena.
An investigator worth his salt ought to be able to generate evidence of where the individual lived during the period in question. There are those few who manage to live off the grid, but it is not many.
An investigator worth his salt ought to be able to generate evidence of where the individual lived during the period in question. There are those few who manage to live off the grid, but it is not many.
Apr 30, 2018, 12:48 am
#35
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The relative is now claiming that they moved to the city right after the heart attack to help with care. The truth of the matter is that they moved to the city several years ago and do not qualify for the housing stipend.
The back story is that some do not want the improper housing stipend to be let go because that relative is very dishonest. They took advantage of the crippled husband and got him to change his will so that they get all of the money that is not in the trust.
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The back story is that some do not want the improper housing stipend to be let go because that relative is very dishonest. They took advantage of the crippled husband and got him to change his will so that they get all of the money that is not in the trust.
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Apr 30, 2018, 11:45 am
#36
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It sounds like what you’re trying to do is shame some distant relative into coming clean by presenting a mound of evidence that “you’re onto them”, hoping that this results in less of a need for lawyers and allowing more of the trust to stay in the family.
Unfortunately, and especially if $100k is a large part of your enemy’s net worth, I don’t think this will be the case.
Travel data isn’t going to prove anything one way or the other. You’re looking at a case where someone lives in location X, but are claiming they only moved to location X very recently. There are other things either you or a private investigator can check.
1. The vehicle they’re driving. What’s the registration and inspection frequency of location X? If their plates expire in June they probably didn’t move there 2 months ago.
2. Just google the name, you’d be (disturbingly) surprised what comes up. If you get a detailed address you (or a PI) can just ask a neighbor “how long has so-and-so lived here”?
3. Check social media....can you find a lot of posts from Location X from the past few years.
Unfortunately, and especially if $100k is a large part of your enemy’s net worth, I don’t think this will be the case.
Travel data isn’t going to prove anything one way or the other. You’re looking at a case where someone lives in location X, but are claiming they only moved to location X very recently. There are other things either you or a private investigator can check.
1. The vehicle they’re driving. What’s the registration and inspection frequency of location X? If their plates expire in June they probably didn’t move there 2 months ago.
2. Just google the name, you’d be (disturbingly) surprised what comes up. If you get a detailed address you (or a PI) can just ask a neighbor “how long has so-and-so lived here”?
3. Check social media....can you find a lot of posts from Location X from the past few years.
May 2, 2018, 3:44 am
#37
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This matter requires a lawyer. With all this emphasis on how you're smarter than lawyers about travel, may I suggest that a lawyer should know more about things like trust administration and undue influence?
I see a couple of unclear things. Was it one trust or two? (First you say the couple had a trust, then you refer to the wife's trust.) Who is the trustee? If the husband, does he now lack capacity to serve? When did the relative induce the husband to change the will, and can undue influence be proven? Who's got standing here?
I'm certainly not suggesting you should detail all those things on a public forum. But I do think that there are bigger issues to be clarified in an intake interview, before focusing on this issue of proof.
I see a couple of unclear things. Was it one trust or two? (First you say the couple had a trust, then you refer to the wife's trust.) Who is the trustee? If the husband, does he now lack capacity to serve? When did the relative induce the husband to change the will, and can undue influence be proven? Who's got standing here?
I'm certainly not suggesting you should detail all those things on a public forum. But I do think that there are bigger issues to be clarified in an intake interview, before focusing on this issue of proof.
May 4, 2018, 6:51 pm
#38
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We dealt with a situation somewhat similar last year, but there was a lot more money involved.
We were able to hire an attorney for the relative, and show the relative was not able to handle the affairs, and got the other person completely out of it.
It is the person who has the trust that needs an attorney.
It took 6 weeks out of state, but ultimately we were able to protect her funds.
We were able to hire an attorney for the relative, and show the relative was not able to handle the affairs, and got the other person completely out of it.
It is the person who has the trust that needs an attorney.
It took 6 weeks out of state, but ultimately we were able to protect her funds.