I placed a question here close to one year ago, at that time a younger brother had kidnapped my elderly father, age 88. He absconded to the state of Utah, we did everything humanly possible to stop his illegal removal from an Alzheimer's facility, no authorities would help because it was a family member involved in the abduction and also removing all his bank accounts. To make a long story somewhat shorter, after five months my father was returned to Ohio and without knowledge to the rest of the family, dropped in an Alzheimer's facility over 60 miles from his original home. In the meantime my brother sold his home, changed the will to leave everything to him. The family was notified of his whereabouts just 2 hours before he was to be cremated, as he had passed away at said facility of an infection brought on by complications of a knee replacement my brother had forced him to have while in Utah (possibly so he could not come home on his own?)
We have contacted more than one attorney and most want between $5-$10,000 to handle this case. My question is basically, why do I need to sue when laws were broken, basic kidnapping, taking control of money and selling the home of an elderly person suffering from dementia and Alzheimer's? Where do I turn? Law enforcement doesn't deal with elder law, any answers or opinions?
P.S. this brother also tried to legally stop our family from having a memorial service for my father who served in the Navy in WW 2, but we gave him a military burial and 21 gun salute, despite my (no longer considered my brother) efforts. A Happy New Year to all !
It appears that the knee operation was the unresolved disagreement. There is no kidnapping, only a son and father taking a trip. There is no illegal removal from the facility, as all that is necessary is a doctors order (easy to get). He couldn't sell the house unless his name was on it or he was the POA, and he probably needed it for the 4 months in a Utah facility.(24,000- 84,000) for short-term respite rates and no telling what the co-pay is on the knee operation.
A will is not stone-clad. It is only a wish list. If only his name is on it (have you seen it?), it is easily contested. But if there are no other assets then there will probably be no probate. You have two years after death to force the probate (Florida law). But probably the money has all been spent on your Dad's care.
Sorry for your loss. These are trying times.
At the time we were angriest and were trying to pursue this legally, we were quoted a $10,000 retainer fee, and hourly fees after that. That was just throwing good money after bad. Brother didn't HAVE the money and was in and out of jail,. so what would have been the point?
You probably figured that if sis needed to borrow money for bus fare, her finances aren't the best. She has 2 mortgages (she's only paying one), and I'm surprised she even still has a home. Our mom, on the other hand, had a social security check that would more than cover the second mortgage payment. I'm sure she wanted mom's social security!
So you see, it happens. Had my sister had a little more money in the bank, I could have been the one writing this post!
Igloo makes good points about the potential cost of litigation. No case like yours could be handled for $5L to $10K. I'm thinking this is more likely the cost of a retainer.
But first you'll need to separate the legal vs. the criminal issues.
These are some of the costs that would be incurred in a actual lawsuit:
Record copying costs would include estate planning documents, medical records including discharge instructions from any facility in which your father was placed during the period of time in question as well as having those records reviewed by professionals, not only to determine competency but other issues, including the reason for removal of your father by your brother.
A background investigation, generally through hiring a private investigator, would probably be initiated to investigate your claims in apparently 2 states.
Co-counsel might have to be obtained to determine jurisdiction of filing, whether in the state of residency at the initial facility, in Utah, or in the state of death. Multiple jurisdictional issues complicate the matter and could raise the costs of the prep work as well as any trial.
If it were determined to be better to file in another state, the costs of the attorney you hired as well as co-counsel to manage the litigation would be incurred. Attorneys in my experience do this when cases are out of their jurisdiction; they're not going to gamble on handling a case out of their jurisdiction w/o local counsel.
Then there are the witnesses, who would need to be interviewed and subpoenaed if the case went to trial.
$5 to 10K would be a drop in a bucket. I can easily see a suit like this approaching $75K and upward.
And a very important issue for the attorney(s) is whether or not you have to financial assets to fund this kind of suit.
The opposite of love is not hate, it is indifference. When you reach the point of refusing to let that evil one control your emotions, then you start winning. He won't be shortening your candle anymore.
I chose to rest in the knowledge that the Lord above is keeping a record of our works in His great Book of Life. Come Judgement Day, I know that He will be just. There are so many who took advantage of my mthr, but they will have their due.
What I see from reading the post is a lot of allegations, a lot of hostility, and anger. There also seem to be many suppositions; if you have documentation to support these conclusions, that's a different story.
But if I were someone you were asking for help, I would ask you to bring in ALL the documentation you have to support the allegations, then I'd go through it.
Otherwise, it seems as though you're drawing conclusions without supporting evidence.
Again, I write this to hopefully shed some light on why you haven't gotten help, not to further upset you.
My sister-in Law thought that when my Mother signed a POA for her to pay her bills, she thought she had won the lottery. She immediately took all of Mothers savings and spent it. She changed Mothers life insurance policies to benefits to my brother.
There are Laws against that!
I agree that she should be prosecuted by the District Attorney's office. Not me.
No family EVER feels "whole" after someone dies and the estate is distributed. You have suffered a great loss, for which I am sorry. Going after your brother--well, only you can make that call. You've gotten good advice. Sometimes it's better to walk away with your head held high and let it go.
In truth, our parents "OWE" us nothing when they die.
Sorry but the hurt just doesn't go away.
Apparently there is only justice for those who can afford to litigate with expensive attorneys. Again, thank you for your comments.
2) If bro had Dad's POA, bro had legal authority to act in Dad's behalf. If he abused that authority, it's a civil matter, not criminal.
So, law enforcement leaves it up to the injured party to seek damages in court.
3) If bro did not have POA, and he forged documents or coerced Dad to do things against his will or best interest, can you proove that? If you are expecting an attorney to research and proove it, you are going to pay a lot for that work. And they may not be able to find adequate proof anyway.
4) My advice, unless Dad had a really high net worth that you are positive you can claim, or you just want to harrass your brother, just forgive and live your life. If it's not worth it to you to pay an attorney just to make your brother suffer through a law suit, then forget it.
Second, "Was your father on Medicaid"? If yes, THEY will go after any money assets your father had.
Our state (Mississippi) is tough on elder abuse/fraud. I hope yours is also.
It is my understanding that a will CANNOT be changed by a POA, so you may have a case there (Is it financially enough for you to retain a lawyer?).
If you find no help, then I hope you will put this behind you and not let it ruin your life. As a group, we need to legislate for better laws regarding caregiving and elder protection.
If anyone has the capability of investigating and initiating criminal charges, it would be your local prosecutors office (for the alleged kidnapping) and likely the prosecutor[s office in Utah where the theft took place.
Elder lawyers DO deal with elder abuse, including suing caregivers (your estranged brother?) and nursing homes but litigation of any sort is very, very expensive.
You do not note whether your estranged brother was appointed agent under a Medical or Durable [Financial] Power of Attorney. If he was, he may have had legal authority to take some of the actions you mentioned.
Now that your father is gone, his Will must be submitted to a court for probate. If (1) you have evidence that it was altered while he suffered from dementia (undue influence is almost impossible to prove) and (2) know that you would net enough after the cost of the suit and any reimbursement due Medicaid (lMedicaid Estate Recovery Program laws vary from state to state) and (3) have the money, you can consider suing. An initial retainer of $5-10,000 is just that: you should expect to pay more as costs mount or see the court release the lawyer from the obligation to continue representing you.
It might be worthwhile to organize the facts and ask a few attorneys to each spend an hour or so evaluating the situation with you before going forward -- if you do.
Is it worth it? Not just the financial cost, but your wellbeing and peace of mind. Your dad must have been well cared for or authorities would have removed him. Dad may have even told authorities that he wanted to be with your brother. Did the brother have Dad's POA's? Dad needed the knee surgery or the doc would not have performed it and insurance would not have paid it.