Did not pay ANY bills for her assisted living care--or for her house upkeep---meds---hospital bills etc.the last 5 months of her life. said her money was all. We've uncovered through bank statements----that was taking 500.00 a month for doing NOTHING for this lady--and also taking lump sums of money out of her account in CASH---just verified for us by the bank--amounting to upwards of 22 to 23000.00 in the first 1 1/2 yrs he was POA out of a total of 6 he remained in charge. He took her car---he signed 2 of the 5 parcels of ground her house sits on over to himself and then came to my house within a week of her passing to tell me he would sell it to me for 6000.00. Land that was willed to us and land he knew we needed to install a new septic system on. He emptied the house AFTER she died--destroyed her personal papers--bank ledgers etc.-----none of her insurance policies were found and her husband who passed in 2010 whose insurance should have been deposited-----we did not find either. The day of her funeral before we left --we asked for the death certificates and the director told us this former POA--asked for them earlier--so we didn't even get them. Now what did he want with them????? Maybe this is why we can't find any of her policies. what a mess!! And he's behind it all. What do I do and who do I see first? We want to file charges on behalf of the estate. We paid all the bills on our own to clear the house--and are being pressured by the lawyer who worked with this POA to sign off to have the deeds transferred. Question is---can we still file on behalf of the estate if it's closed?? Need a lot of advice here---good advice
Contact an estate planning or elder law firm with a litigation practice area so that attorneys from both practice areas can work together on litigation. Ask him/her to contact the attorney who worked with the proxy to put him/her on notice that no action will be taken until a full review has been taken on behalf of the heirs. (That could include a suit as well as demand for repayment of funds appropriated unlawfully.)
Ask also if it's appropriate and/or possible to get an TRO (temporary restraining order) preventing him from using any more funds that he might have. I don't if it's realistic to also ask that any funds he has be sequestered in an escrow account to which he does not have access.
Do NOT sign anything until you see an attorney and a police detective.
As to filing on behalf of the estate, I assume you mean that the estate's executor would file, representing both the estate and the heirs? I'm not sure about filing on the estate's behalf since it's been closed, but that also raises a question as to why it's been closed with the outstanding funds abuse unresolved. Perhaps I'm missing something; could you elaborate on this?
Another thought - I can't recall the name of the charge, which I think is a felony, but it arises from unlawful conversion of assets. That may apply to his appropriation of the car and the real estate transaction.
Was there any knowledge of his activities during his literal "reign", and if so, what action was taken? Also, how did you and your family actually become aware of his abuse? How did you get documentation to verify his abuse?
Our totals monies stolen have also increased--since we've uncovered more cash stolen---to between 55 and 60,000.00--over the first 2 1/2 yrs. this guy had the victims checkbook in his possession. We need a miracle here because we as taxpayers and who are paying the state police ---for doing nothing in this instance---need some answers!!!!!!!
property --since he had notified us a few months back, it would have to be sold because of the mounting bills, which we would have bought it--if necessary---but then she passed away before it happened. And yes---my husband and I as heirs and co-executors would like to file charges on behalf of the estate--representing both of us in the suit. As far as us trying to do something about this---we did--more than once----going to the lawyer that was actually co-POA with this guy and asking him to monitor the finances---he just told us we have nothing to say until she passes--that this guy as POA has the power to do what he saw fit. We only were able to obtain proof once she passed and we had legal access to bank statements etc. We asked for her check book more than once and were told by the POA and the lawyer--they're not sure where it is. That's probably because he destroyed it along with all the other papers we needed--so it would take us a lot more time to get this stuff. As far as knowing about his escapades--he bragged about trying to hide bond money he cashed in to me-------he told me the lawyer told him to pay himself real good because the state will just get it anyways-----He told me he took her to a credit union at a military installation to close out an account within a week of her husband passing-----I gained access to her bank statements from Oct 2016 when he passed until Jan 2011 and there were no deposits made---where did that go?? Her husband also told us, long ago, he had a large insurance policy on himself to go to his wife that would take care of her for a long time--should he pass--which he did Oct 2016. NO deposits were made on that either that we can find--so I thought he was doing her wrong and now the statements show it. We had to pay to get these statements--and were able to access them with being executors. This POA took their file cabinets and all the contents of their desk and lock box---so we really had nothing and this is why it's taking so long to gather all this info against him. There are still a good 4 1/2 yrs of bank statements we have not seen. But with what we already uncovered in less than 11months of statements-----I KNOW why she ran out of money.
He took it on a regular basis. So it takes forever to get this info--and the lawyer who was involved in this is pressuring us to get it all cleared and signed over-----why---your guess is as good as mine. So there's insurance monies not accounted for---all the bond money is not accounted for---he was taking CASH withdrawals--thousands at a time (we have the papers)---and he had the brass to sell us that land BACK after he just took it--making more money. There's got to be a way to get this guy.