This is a long post, so forgive me Aging Care community, hope it makes sense. My mom has had Alzheimer's, for the last 4 years, she is 88 years old. My step dad 81 years old is her caregiver, I feel like he is taking advantage of her. I recently read their bank statement and discovered that my step dad and mom has 53 cents in their savings account and zero dollars in their checking. They receive $1622, pension the first of the month. The bank statement states that he took out $600 the first of the month and $1,000 the 2nd of the month. On 7/15 their Social Security and SSA checks($1475) were deposited into their account. On the 15th he withdrew $450, then on the 16th he withdrew $1,000. Yet he is always complaining that he's broke, there is very little food in the house and he doesn't pay the bills in full, if at all. I visit 4 days a week, when I'm over visiting and she asks him a question, he yells at her so, I yell at him. I think to myself what is he doing to her when I'm not there. Also when I'm visiting, I tell my step-dad that if he has to run to the store or what ever, do it, now while I'm visiting. Yet, he sits in the room listening to whatever my mom and I are talking about ( which is not much, since my mom is losing her memory). As soon as I leave, he leaves to go where ever he is going. I think that he is afraid that my mom might mention something he does not want me to know. Recently, I asked my step-dad and mom for a set of keys to their house, he refused to give me a set of key's, my mom sat there and didn't say a word so, I took the keys without their permission made a copy then replaced the original keys back on her dresser. I went to visit my mom a week ago, and noticed that she didn't look good, my husband carried her to our car and we took her thru emergency. She stayed in the hospital for 5 days, she was given 2 blood transfusions, and now has kidney problems, she has gone from a size 10 to a size 5 in the last year. Now that she's home she will be seeing a physical therapist and a visiting nurse will be stopping by twice a week. I'm also requesting a home attendant. I've often complained to my step dad that my mom need new clothes and under clothes, cause she has to use a safety pin to keep her pants up, due to the weight loss. He says that, since I'm so concern with her appearance, that, I should purchase them. I think that since he controls the money he should buy them. I gave in and purchased my mom a few outfits and under clothes, cause it hurts me to see my mom dress the way she does.
By the way I am my mom's only surviving child, and also the youngest of 5 children. My last surviving brother died about 4 years ago. Ever since my brothers passing, my mom's nephew has made himself indispensable to my mom and step dad, visiting, taking her to the dr., and coming over for dinner. I've always been suspicious of my cousin, he's shiesty with his own agenda. So, I watch him closely. But apparently not close enough. My mom's nephew has been staying with them for the past 2 months under the pretense that the house he lives in which was left to my mom and her nephew after her aunt died is being renovated. Thru an internet search I found out 2 days ago that my mom's name was taken off the deed and a corp was form. I assume that her nephew forged her name to have her name removed from the deed of her deceased aunt's house. Anyway the house was sold April 28,2015, three months after the corp was formed.
So now he has $650,000 sitting in his account, unaware that, I know he sold the house, he is sticking to his house renovation lie, as being the reason he is staying with my mom and step-dad. Unsure why he just didn't buy himself a place to live with the proceeds of the house sale. Also unsure how much my step- dad knew about the situation, but he knows something cause he let it slip that my cousin was buying him (step dad) a car. My mom does not have a clue, tried to talk to her about it, but she thinks I'm being mean to her so called favorite nephew, who just swindled her out of her share of the proceeds from the home. I've cried for two days, but tears is not helping my mom, so last night I emailed the NYS Bar Association, requesting a consultation, I want to request POA over my mothers affairs, because clearly my step-dad and her nephew is taking advantage of her. I know that my step-dad and my cousin will try to prevent me from having POA over my mother. I scheduled a meeting with both my step-dad and cousin about my concerns, but decided to cancel the meeting until I can speak to a lawyer, to see what can be done don't wanna show my hand with the bank statement and monies from the sale of the house, until after my consultation with the lawyer.
This is a critical issue here; I hope I understand it correctly.
1. "My mom's nephew has been staying with them for the past 2 months under the pretense that the house he lives in which was left to my mom and her nephew after her aunt died is being renovated."
If the house was allegedly "left" to your mother and her nephew/your cousin, how was this accomplished? Was it in your aunt's will, trust? Did your aunt ever convey to both your mother and her nephew? I.e., did she, or whoever handled her estate, ever bring your mother into the chain of title?
2. If aunt merely expressed an interest or intent, but never conveyed to your mother or provided for that conveyance in a will or trust, then I think you have a real challenge to prove that that was your aunt's intent.
3. If there is a chain of title which includes your mother, then her interest would be reflected either in estate planning documents or recorded deeds. The former are I suspect, not available. The latter can be checked either by you at your local county recorder or register of deeds' office, or by an attorney who could order a title commitment (which would cost you what you could do for free). There used to be (and may still be) another type of search: a foreclosure search, which identifies parties of interest and possible interest as well as the requirements for resolving/extinguishing these interests to create clear title.
The commitment, however, would identify any "loose" interests that would need to be resolved.
4. One of those interests is the conveyance from the nephew to his corporation. Most likely he quit claimed to the corporation. But the deed would have had to be recorded.
Otherwise, the chain of title is not complete, is broken, and the subsequent sale will have a "cloud" on the title. A corporation cannot legally sell property to which it hasn't received a conveyance by the owner of record.
Incidentally, naming a corporation based on a location is a practice I've seen in LLCs, especially when an LLC is created for the purpose of focusing its activities only on a specific location.
5. The corporation was created and the property sold in the same month. I'm wondering if nephew sold it to the corporation, or was the corporation the seller, to another independent party? The latter was my impression after first reading your post yesterday, that somehow or another this corporation became involved and subsequently sold the property. That was why I thought a foreclosure might have taken place.
6. Check with the treasurer for the city or township in which the property is located and find out to whom the tax bills are sent, whether they're to the 559 Corp. or your nephew, or who.
7. Either way, if your mother's name isn't in the chain of title, you have an uphill battle to prove that it was your aunt's intention to convey to your mother and her nephew, and/or that she actually did make that conveyance, and that because of the subsequent sale your mother was deprived of her share of the property.
I'd forget about the tummy tuck and lip and instead think: "HIKING BOOTS"!
2. With Alzheimer's, it's entirely possible that she was in fact coerced or coaxed or even tricked into signing something which she didn't understand. But all owners of record need to convey their interest in order for another entity to be granted that interest, unless the mortgage was foreclosed.
3. Contact NY State Corporations Division (or whatever it's called in NY) and ask which department handles corporate filngs, then find out who the principals are of the corporation that allegedly owned the home. I wouldn't contact them, but just find out who's behind the corporation.
4. When it comes to allegations of fraud, you can't assume anything. You need proof.
5. I suggest you also contact the court in which foreclosures are processed as I suspect that your nephew either (a) didn't keep up on the mortgage and/or (b) failed to pay property taxes, and the house was foreclosed and sold to this corporation.
6. The deed from the corporation should show a sales price - is that how you got the $650K amount? It's also possible that that was the amount owed on the mortgage, and it was the amount for which the house sold at foreclosure.
7. The corporation then could have sold it to the next buyer. Unless your cousin was in some kind of business arrangement with the corporation, that $650K would have gone to it, not your cousin. Or did you find a deed from your cousin to the corporation for $650K?
8. Have you seen the $650K deposit in the cousin's account? If so, how were you able to access his financial information?
9. Do you know if your mother ever granted your stepfather any legal or financial authority over her affairs, via a DPOA?
10. The NYS Bar Association can refer you to various attorneys but bar associations to my knowledge don't provide consults or legal advice. It might also be able to refer you to someone who gives a free consult just as an initial starting point for retention.
11. If you really believe there's been financial abuse, contact APS and law enforcement. Since your mother has ALZ, and assuming she's not cognizant enough to execute any POA documents, you can't get one.
12. I'm curious also how you found their bank statements. Was this after you made a key to their home w/o permission?
Because your cousin is living there, I'm inclined to think he is the one encouraging your stepdad to make those withdrawals. Nonetheless, if it's a joint bank account, your stepdad can withdraw whatever he wishes. Although it's not an honorable thing to do (draining their joint account), he's breaking no laws. The only thing you could do to stop that, really, is to have him declared incompetent.
As far as your cousin, the other house and the deed is concerned, I think an attorney would have to do some investigating. Who is behind the corporation? How was it transferred? Who signed? When? It's a complicated situation.
Since it appears you have no money, frankly, I don't think you'll go far with it.
You might call Adult Protective Services if you really believe your cousin has exploited them. They might do some investigating...
My cousin established the corporation, April 9, 2015, named it 5** Monroe St., corp. the corp document states that the corporation's address is my cousins ex-wife's address. The entity type is "Domestic Business Corporation," consisting of 200 shares according to the document filed with NY Department of State, (found on the internet). Three different real estate sites Trulia, Zillow, and Realtor websites, states that the home was sold April 2015 for 650,000. My stepfather does not have any legal or financial authors over my mothers affairs. This is the reason I contacted the Bar Association for a referral to see an attorney, whom I will be meeting Friday. As far as her bank statement, one day she asked me to open and read her bank statement to her after the mailman delivered it. I read it and put it in my pocket and brought it home, a month later, I made a copy of their house keys without their permission. Another thing, before my mom got sick she made me promise that if anything happen to her or my step dad I was to move back home, the problem with that is that my husband and son refuse to move there even though there is enough room for all of us, this is the house, I grew up in but, I really don't want to go back home. Finally, right now my mom is staying with me since she was discharge from the hospital Saturday. She will be returning to her house this weekend.