Sister, Fiduciary Had the Same Lawyer!

For years, Dennis Ball was his mother’s [Eleanor]caregiver, helped create her trusts and managed her money.

But in 2004, Eleanor was hospitalized, and her estranged daughter, Carol, got a restraining order against Dennis and petitioned the court for temporary guardianship.

Although Eleanor initially protested the petition, she later agreed to the appointment of a neutral third-party conservator and guardian. She specifically asked that the court allow her to continue living at home and keep her estate plan.

The court appointed Southwest Fiduciary to manage her money and care, even though Southwest’s attorney was also Carol’s attorney.

Billing records show that over the next 22 months, Southwest and its attorneys managed Eleanor’s assets and care, consulting more with Carol than Dennis. .Southwest sold off Eleanor’s home and rental properties. It assumed control of her trust, took over her bank accounts and placed Eleanor in a nursing homeDennis said Southwest left his mother penniless. An accountant retained by Dennis found that 76 percent of her estate paid Southwest’s legal and administrative fees.

Southwest owner Greg DoVico would not discuss the Ball case. But in answering complaints to the Arizona Supreme Court’s fiduciary board, the company said Dennis refused to cooperate with the court, was sanctioned by a judge for filing a frivolous motion and financially exploited his mother, which he denies. The company said his complaints were based on half-truths.

Full Article and Source:
Maricopa County Probate Court – Sister, Fiduciary Had Same Attorney

7 Responses to “Sister, Fiduciary Had the Same Lawyer!”

  1. timlahrman Says:

    >There is an answer for this crap … [ nod nod wink wink ]and they will all look good in Sheriff Joe's pink laced tent city.

  2. Thelma Says:

    >So what's going to be done about it? Has it gone to attorney/judicial discipline yet?If not, why not?

  3. StandUp Says:

    >A sure fired conflict of interest and yet the judge allowed it.I hope Mr. Ball filed a complaint against the judge and the lawyer involved.

  4. Elaine Says:

    >This comment was left at the source site:"This Friday, October 1, 2010, a press conference is being conducted with the filing of a Class Action against the State of Arizona under Title 42 Section 1983 and the RICO STATUES. Thank you for forwarning the American People in your brilliant 69 page treatment letter to Congress of the abuses all around us. I just read of a case in Colorado where a younger person was medically induced into a horrific coma survived by the negligence of the hospital and was given a 3 million judgement. the Bank was appointed the trustee and eventually he recovered with therapy and skilled nursing to take control back but then is sucked into the Vacuum know as Probate to take back control of his money. Instead the Bank fights him for it and causes his estate to lose value by charging attorney "fees" his theirs and anybody elses. WHAT HAS THIS COUNTRY COME TOO?????? STAY TUNED!"

  5. Anonymous Says:

    >A little kickback to the judge????

  6. Steve Says:

    >Notice, they accuse the son (caregiver) of filing a frivilous motion? Ridiculous!

  7. Agreed Says:

    >Yes Mr. Ball,StandUp is right. Make sure you file a complaint on the judge for allowing the conflict of interest.

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