Brother defrauded parents out of all retirement funds posing as their Financial Advisor. Remortgaged their home twice and took huge cash payouts. Changed Title Deed to his benefit while parents suffered from Parkinson’s and Dementia. Filed false tax returns. Usurped combined social security income for at least 5 years. Changed locks on their home and mailbox while they were living with him. Won’t sell condo to pay for widowed mothers long term memory care. Created a financial POA 5 weeks prior to fathers death forcing dementia mother to sign it. All of this without the knowledge of other 3 siblings. How can I find a lawyer to minimally, force brother to sell condo, and give our mother the money she needs to pay for long term memory care?
You need for him to be criminally prosecuted. Look for a large, well staffed eldercare attorney firm that is experienced in litigation. Your local Area Agency on Aging might have some suggestions.
Do you have evidence? This may well devolve into " dad agreed with this " and there will be nothing to prosecute.
thank you for your reply.
We tried an estate attorney who just ran us around the block asking for documents, saying he never received them, skew of different para legals, sent one letter to the other lawyer which we drafted and than he “fired” us!! After charging for hours and hours at 400$ an hour in “reading emails” etc. Total waste of time. Now brother’s lawyers won’t even answer us. It’s very frustrating and now my mother lives with me overseas. We were afraid to stay at her home and I had to get back to work.
Your fathers death is probably what throws throws this into the “we can’t do anything” pile. They were a couple, it’s joint assets but he’s now dead so probate laws & rules come into play. His death creates a probatable Estate and that’s where to take this mess into. Imo whomever told you to get a probate atty who does litigation was probably the best advice in this hot mess. I’d suggest you call that person or law firm back and ask for names of probate guys who do litigation- it’s specialized work; most probate atty do NOT do litigation. I’d guess 5-10k as a retainer.
So what’s the backstory on there being Dads will?
& whats been done for probate?
Also is your brother a broker? Like has a series 7?
regarding pro bono, both law schools in my city have well established pro bono clinics but they only do homeless/housing issues, juvenile justice (espongement especially) and disability rights.
Your biggest problem is that your siblings may have brainwashed your Mother to tell the authorities not to investigate (I believe that happened in my case).
I will pray for you and your Mother.
documents pulled from the city court house and his own financial disclosure document admitting to the amount originally in the IRS plus using their combined social security checks and tax refund and rental income!
Police saying theft is a civil matter is nuts. I know where I live the police do not like financial crimes and you really have to prod them to get results. As an accounting student we learned that most financial crimes are not prosecuted. I had this experience in real life too. We were embezzled by an employee and we had to hire a forensic accountant to the tune of a $30,000 retainer to prove the crime. We were near bankrupcy when we discovered the crime and could not afford the retainer. The criminal got away with it and we had to work hard to cover the losses and not lose our home.
I have no help to offer, but I can say that he may get away with it in this life but he will answer for these horrific crimes. Doesn't help mom now, I know, but it helped me feel better about my dads wife and her crimes against him.
Yes I reported him to the SEC and suddenly he sold his business. Although Commonwealth refuses to accept our POA and backed him 100 % (he was basically an employee) Shame on these people handling elder peolple’s assets with no remorse for what happens. Wells Fargo is the worst.
Reported him to IRS and will do so again. His partner CPA too who filed the taxes on my parent’s behalf with their signature on file.
Honestly the system is set up to protect these criminals and support lawyers & courts.
I am trying to start a support group for elderly victims and families that are dealing with elder abuse. I would like to keep in touch. If you ever need an ear, sounding board, advise I would be glad to help. Let me know if you'd like my email.