Green Schoenfeld & Kyle 12661 New Brittany Blvd
Fort Myers, Florida United States of America
Green Schoenfeld & Kyle Kyle does it agin. What a Ass. Go ahead Lee County. Lawyers Keep up the Bu**sh*t and go to Jail. Fort Myers, Florida
*Author of original report: Another Respose by the same Blog..Green Schoenfeld and Kyle
*Author of original report: Reaction from The People...Kyle must go.....
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Lee lawyer, care center dispute family's claim that woman with dementia had will changed By AISLING SWIFT
Published Tuesday, September 18, 2012FORT MYERS Thirty days before her death, 84-year-old Audrey Muller was wheeled from a Lee County skilled care nursing unit and back into her bedroom in the assisted living section.It was June 9, 2010, and the retired longtime Edison State College dean had lost 70 pounds, suffered from dementia, three types of cancer and was on heavy painkillers.The civil lawsuit that describes her medical condition in her final days also alleges that two friends who were asked to be witnesses watched as a nursing home employee "guided" her hand to sign a new will that amended her 1992 will and trust."She was almost comatose and she did not acknowledge (the friends) and most importantly, someone had to hold her hand to sign," attorney Steven Jaffe told a judge at a recent hearing. [continued below]....
.....An hour after she was released from Lee Memorial Hospital in Fort Myers on June 25, 2010, and sent home for hospice care to die, the lawsuit says, Muller signed another document that revised her 1992 trust and made a Lee County lawyer the representative of her estate. Two weeks later, she died.Instead of leaving most of her estate to two relatives, trust documents show the bulk was left to Cypress Cove at Healthpark Florida; before that day, court documents show, the adult residential center Cypress Cove wasn't even a beneficiary.Those allegations are at the heart of a lawsuit Linda Brega, 50, and her son, Daniel Muller, 25, of North Miami Beach, filed against Cypress Cove and Fort Myers attorney Kevin A. Kyle. It alleges Muller's physical and mental capacity had declined so much and she was so ill that it left her vulnerable to undue influence and opportunism.The lawsuit, filed last year in Miami-Dade County, was transferred this year, at the defendants' request, to Lee Circuit Court, where the defendants' attorneys and Kyle practice and Kyle's two brothers are judges.The lawsuit alleges that on June 25, 2010, Muller removed Wells Fargo Bank as her trustee, named Kyle trustee and gave him $10,000. Documents show it was Kyle who amended the will and trust. His firm wrote the original will and trust.Jaffe said Brega and Muller couldn't comment until the case is resolved. Josh Levinson, who represents Cypress Cove, and Matthew Linde, Kyle's lawyer, declined to comment, as did Kyle.* * * * *Muller worked from 1973 to 1990 at Edison, initially as a department chair and quickly rose to assistant dean of academic affairs before being named director of the then-Collier Center in Naples in 1981.But in her final days, Muller was in a "diminished, confused state," on heavy painkillers, her mind so controlled by persuasion, pressure and outside influences that she didn't sign the documents voluntarily, doing so instead at the urging of others, the lawsuit alleges.Court records, Daniel Muller's sworn statement, private investigator Mike Fisten's account and arguments during a June 27 court hearing provide this account:Muller, a Catholic school dean before becoming a dean at Edison, never married or had children. She was close to her niece, Brega, who is a nurse, and her son, whom Muller treated like her grandson. In 1992, she set up The Audrey Muller Trust, giving them equal shares after disbursements to Edison College and others.Seven years later, Muller paid $250,000 to move to an independent living condo at Cypress Cove, where she also paid a monthly fee that covered living and medical expenses as she aged.In 2007, after she got lost while driving, Cypress Cove took title to her car. Two years, later, she began to suffer lapses of memory and confusion. As she aged, she moved to the skilled nursing care section, where she received full-time care, often was hospitalized and was placed on painkillers."In early 2010, Linda Brega received a telephone call from Audrey Muller, who expressed the delusion that she had lost all her money and feared that (Cypress Cove) was going to remove her," the lawsuit says.Brega noticed all of her art work, furniture, jewelry and heirlooms were missing from her room. Afterward, she and her son repeatedly tried to call Muller, but said they were prohibited and weren't told about her declining health.On June 9, 2010, when her will was amended, Muller was under 24-hour nursing care. Days later, she was found on the floor unconscious and taken to Lee Memorial Hospital in Fort Myers."On June 25, the hospital sent her home to hospice care, to die," Fisten said, noting that an hour later, she was placed on a conference call and again signed amendments to her estate papers. "On the day Kyle made himself the trustee, on the 25th, she was on such heavy pain medication I doubt she knew what she was doing at all."She died in July 2010 and was sent to a funeral home to be cremated."The funeral home said they can't cremate without the authorization of family members, but Cypress Cove said she had no relatives or contact with family members," Fisten said, adding that Brega and her son visited her, were always listed as her contacts at the nursing home and their numbers never changed.* * * * *The defendants deny the allegations and filed motions to dismiss the lawsuit.Lee Circuit Judge J. Frank Porter rejected the defense motions to dismiss in July. Jaffe has begun taking depositions from nurses, doctors, nursing home employees and outside doctors and nurses.Last month, Cypress Cove filed papers demanding that Brega and Muller prove their allegations, including that they're relatives and that they'd visited, called or received gifts from Muller. The business' attorney also demanded they provide photos of themselves with Muller.Under court procedures, if a beneficiary like Cypress Cove cannot provide a reasonable explanation about its active role in procuring the will, it's enough for a judge to find undue influence occurred. However, if Cypress Cove has a reasonable explanation, the burden shifts to Brega and her son to provide evidence the will was changed due to undue influence.At the June hearing, Jaffe told the judge Brega and Muller only discovered her death after checking obituaries online. Jaffe argued Kyle intentionally didn't inform them of their rights or provide them with the 1992 papers that gave them the bulk of the estate, so they were unaware that there was anything to contest.Legal papers filed by the defense maintain there was no undue influence by Cypress Cove. The defense contends that because Brega and Muller never challenged the June 9, 2010, will and trust, they can't contest the June 25, 2010, revised trust.Cypress Cove's attorney, Levinson, contended Brega and Muller cashed their $1,000 checks from the estate and never contested the will in probate court."The will now is what I call uncontestable," Levinson argued in court. "This prevents them from having their cake and eating it too."For his part, Kyle has denied in court papers that he failed to provide the relatives with the 1992 trust, but admitted he didn't send them a notice to inform them they had 90 days to contest the amended trust. He also denied refusing to provide them with the earlier version of the trust or telling them the 1992 trust never existed.Jaffe contends he has the evidence to prove his case against Cypress Cove and Kyle."You can't get an incapacitated person to sign legal papers," said Fisten, Jaffe's private investigator. "And a nursing home cannot take anything from a patient, especially one suffering from a medical condition."If that were the case," he said, "you'd have all these elderly people suffering from dementia turning their money over to nursing homes."
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