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He used it, and her bank account to remodel her house that he moved into and bought for below market value. Now that Mom has passed, these charges are being taken out of the estate before it can be settled. Do My 2 siblings and I have any rights?
Who's Executor/trix/PR of your mother's estate? I assume it's being probated; are there any individuals involved in oversight who aren't family members? I.e., an attorney handling probate of the estate?
Very importantly, how was, and who, discovered these transactions, and who made the decision to deduct the costs from the estate (if I understand your post correctly)?
I would think that this kind of decision would be made at a judge's level (assuming Probate is involved). Who told you that those costs would be deducted from the estate? Hopefully not your brother!
You do need an attorney, someone skilled in white collar fraud, probate litigation, and elder abuse. Do your research carefully and screen potential attorneys just as carefully.
One option is to become acquainted with the court's coding system for fraud actions. I.e., courts in my experience use a 2 digit system to identify the type of case. If there is a code for fraud, spend some time at the courthouse skimming through indices of fraud cases to see which law firms handled them.
You would be looking for something probably with a 2018 prefix, then several numbers, ending with a two letter code for the type of litigation. A court clerk can help you with this identification code.
Then contact those firms re representation of you and your siblings.
Your focus probably should be twofold: deduction of the costs from the estate to repay (and this is important: WHO?) and civil action against your brother, including to recover costs if possible. Any results supporting fraud should be raised with local law enforcement for prosecution.
I'm not clear though why the costs are being deducted from the estate if your brother has already expended the money. Who's receiving these deductions? Something seems amiss here.
And are you sure that there wasn't a caregiver agreement in place between your mother and brother? Make sure you've explored possible background issues before concluding that fraud in fact did take place.
BTW, was your mother getting Medicaid? I could see that your brother, instead of being a white collar criminal, could have moved in to care for your mother, including remodeling/rehabbing for assistive devices, and charged the costs to her credit card.....until she moved into a facility placement. So, what's the timeline on this? When did he move in, when did he remodel, and how does this relate to the time when she moved into AL, IL or some other type of care?
You need to be absolutely sure of these facts and timelines before concluding that fraud took place.
I'm also (seriously) wondering though....did you and your siblings have any idea what your brother was doing while your mother was still alive? Was it only after her death that you became aware of your brother's actions? Are you in geographic proximity to your mother's home, and how was it that so much took place w/o your knowledge? Or were you aware of these actions while she was still living?
This is fraud. Was he on the account or POA? Contact an elder law attorney. Most will not charge for the initial consultation to determine if you have a case. Let the attorney deal with the credit card company. Do not answer any calls from the credit card company or direct them to your attorney.
Your Mom was private pay I assume because if she was on Medicaid this was fraud. Your Mom should not be held liable for any purchases after she was in a home. Bbrother should not have used her money to fix up his now home. I am assuming, he has POA and thinks he had rights. Wrong, he abused it. You have a case against him. He needs to account for every cent in Moms accts and investments. Moms money was for her care. Anything more than that is stealing, Consult with a lawyer and also ask him if you can sue brother for the lawyers fees.
HMMM... THAT was my question when i read this, he took them but did he cut them up or use them...hmmm.. I would suggest you consult a lawyer on this...I dont see why it would bother the estate. I dont believe credit card are connect to an estate.. do check with your "attorney".. If it is part of and inheritant then it should be taken out of his part and not the rest of the siblings..meaning if each gets $25,000 a piece and he owe $15,000 debt, then his share of the inheritance would be $10,000...just my thinking GET A LAWYER!!
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Very importantly, how was, and who, discovered these transactions, and who made the decision to deduct the costs from the estate (if I understand your post correctly)?
I would think that this kind of decision would be made at a judge's level (assuming Probate is involved). Who told you that those costs would be deducted from the estate? Hopefully not your brother!
You do need an attorney, someone skilled in white collar fraud, probate litigation, and elder abuse. Do your research carefully and screen potential attorneys just as carefully.
One option is to become acquainted with the court's coding system for fraud actions. I.e., courts in my experience use a 2 digit system to identify the type of case. If there is a code for fraud, spend some time at the courthouse skimming through indices of fraud cases to see which law firms handled them.
You would be looking for something probably with a 2018 prefix, then several numbers, ending with a two letter code for the type of litigation. A court clerk can help you with this identification code.
Then contact those firms re representation of you and your siblings.
Your focus probably should be twofold: deduction of the costs from the estate to repay (and this is important: WHO?) and civil action against your brother, including to recover costs if possible. Any results supporting fraud should be raised with local law enforcement for prosecution.
I'm not clear though why the costs are being deducted from the estate if your brother has already expended the money. Who's receiving these deductions? Something seems amiss here.
And are you sure that there wasn't a caregiver agreement in place between your mother and brother? Make sure you've explored possible background issues before concluding that fraud in fact did take place.
BTW, was your mother getting Medicaid? I could see that your brother, instead of being a white collar criminal, could have moved in to care for your mother, including remodeling/rehabbing for assistive devices, and charged the costs to her credit card.....until she moved into a facility placement. So, what's the timeline on this? When did he move in, when did he remodel, and how does this relate to the time when she moved into AL, IL or some other type of care?
You need to be absolutely sure of these facts and timelines before concluding that fraud took place.
I'm also (seriously) wondering though....did you and your siblings have any idea what your brother was doing while your mother was still alive? Was it only after her death that you became aware of your brother's actions? Are you in geographic proximity to your mother's home, and how was it that so much took place w/o your knowledge? Or were you aware of these actions while she was still living?
nanashis3 probably meant credit companies have filed claims against the estate to try to get paid.