In May of 2007, Dennis Ely signed a ‘Durable Power of Attorney’ for me to handle all of his financial and property affairs.  I December of 2011, he sign a letter affirming my control over his US assets in his absence or in the event of his death.

My father discussed his will many times with me and it was always his intention to split his estate evenly between myself and my 2 brothers.  He also agonized for years over whether he should give money to our half sister in Denmark.  

During his last visit to the United States, he had planned to notarize the letter giving me long term control over his US assets as well and preparing a will specifically for the US.  

While on his visit, my father suffered a fall as a gas station and hit his head in the concrete pavement.  He spent the day in the ER and was released later in the day.  He was really shaken up but this incident and didn’t leave the house until he return to the UK.  He said he would get his affairs settled on his next visit.

As can be learned from various other areas on this site, my father never came back to the United States even though he expressed a constant desire to do so.  Due to his age and failing cognitive abilities, he required someone to take him to the airport in England.  My brothers both refused to do that.

With his health failing and with a lack of co-operation from my brothers, I drew up a contract for the sale of the Arizona property with my father.  This contract was signed and witnessed on April 11, 2016.

I continued to talk to my father about his will and his plans during 2016. He continued to talk about his Fort Smith properties and his desire to return to the US.  As details in other parts of this site, I had agreed with my brothers to visit the properties to get them repaired and sold.  My power of attorney would allow me to do that with or without my father.  It retrospect, my brothers had no intention of visiting or ever letting my father return as that would take some level of control of the estate away from them.

On my father’s death in September of 2018, I learned that my brother Martin had been appointed sole executor of my father’s estate and that he had accompanied him to prepare and sign a will in January of 2017. My father was almost deaf and very confused.  I also learned that I had been excluded entirely from the will.  

Martin and Barry both lied to me consistently throughout 2016, 2017 and 2018.  The whole period was one long grift.

As a consequence of the above, there was never a will for the United States, so the only will was the UK will. This made the ownership US properties complicated.  It is obvious why Martin did not want to visit nor have my father visit before his death.

The beneficiaries want all 3 US properties.  None of them have ever visited the United States or had any involvement with those properties.  Martin’s incompetence both before and after my father’s death ensured that those properties would lose thousands of dollars in value and fall into disrepair.