My grandfather has dementia and was dying in the bed on hospice. His granddaughter removed him from the house and forced him to sign legal papers and she was aware that he could not make his own decisions and his daughter has Power of Attorney. Can we sue her and the company that accepted the papers.
If she is not 1 of the 3 people that the house was left to, and she is living there illegally, she is trespassing & should be thrown out.
Don't go after the school or make waves with the kids----the kids didn't do anything & it will only damage them. Deal with the mother. Just remember that even if you do sue her, you can't get blood from a stone. If she has nothing, you're not going to collect any $$$$ from her.
The thing that seems questionable in all of this is getting a very sick man out of bed to do this. On the other hand, I got my very sick husband out of his hospice bed to tour the fall leaves a couple of months before he died, so it is hard to say whether that might have been a nice change of scenery for him or harmfully tiring.
I cannot imagine what on earth you could sue the BOE for. The correction for what you consider their negligence would be to kick the kids out of the district schools (if they don't live in the district). But you say that isn't what you want. What do you want? Did you suffer some damage as a result of their action?
Not every family dispute needs to wind up in court!
If you do ask an attorney about suing the BOE, please come back and share what you find out. We learn from each other.
Hope everything works out for everyone in your family.
Good luck in getting this all cleaned up with your attorney. It sounds like a royal mess.
Pursuing the BOE makes no sense to me. The school was given false information. I don't think anyone ever drives out to verify addresses. The only thing I would see that would come from this is the children would be removed from the school and placed in the district where they live.
Who is the executor of the will? There is usually somewhere around a 6-month probate period. The executor probably would have been able to change the locks to protect the estate until it was settled. I can't figure out why she is suing you except maybe to stop people from entering the house or removing property. Makes no sense to me, but I think a large part of the story is missing here.
I wouldn't bother suing, but I would contact an Elder Law attorney for his/her advice. After doing an investigation, the attorney could have the current signed legal documents declared invalid. Curious, how long ago did this happen? Do you have paperwork from a doctor stating that the grandfather did have dementia?