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I had POA for my mother and was getting ready to file a complaint with the DA's office and wanted to sue him in court. He had wiped her out of any thing of value. I have nothing to fall back on now to cover any sort of burial or cremation. I have 2 brothers: this one that abused mom and another who is estranged. Actually both are estranged. They wouldn't have anything more to do with her while alive. And she said she (verbally) wanted me to have the house. I told her mom you can't give me the house. You have a reverse mortgage. I have been taking care of her for some time without any compensation I haven't had any income in years lived off what I saved. Then dementia set in. The hospital killed her. I am stuck here not knowing what to do. From what I understand these documents I have end at her death. Because He got me for $4K from my saving her house that went into default and paying her utilities and food because he was taking her SS benefits from her account (account take over) depositing them illegally into his represented account. Which was commingling too! He was NOT allowed to have access to his OR her money! I know she had a will 20 yrs ago. But my financially abusing brother may have gotten hold of that document along with all her documents and I know he destroyed everything that he had in his grubby mitts. He's mentally ill.

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I'm a little confused about what is happening here so I should shut up but here goes. If there has been a reasonably thorough search and no valid will has turned up, your mother died "intestate." This means that if there are any assets (doesn't sound like it) they are distributed to the heirs according to the laws of your mother's state. Most likely, that means you and your brothers divide any assets. There still has to be an executor though. You may want to petition the court to name you if there are any remaining assets you are worried your brother will plunder. Then again, you would probably be smart to let the court name someone. My advice would be to first give yourself a pause. Then get some legal advice. You don't need a highfalutin law firm, just a good elder law attorney who will let you tell them your story and whether you have a case. As much as you probably don't want to hear it, this might be the time to just walk away.
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TinaLVP May 2022
Thank you for your input. I filed an extensive complaint with the DA's special prosecution unit last week. All that CHASE bank had done to cover his illegal activity is beyond comprehension. When she changed to BofA I was impressed with the fact they froze her account because of the purchases being made with her debit card were NOT of someone who is elderly. Like paying for Google Game Play, LARGE withdraws and crap like that.
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Tina are you in Florida? Sounds similar to my story, DA, sheriff, adult protective services, no one would help, no one cares! It’s unreal my mom was with Suntrust bank, now Truist. It’s awful.
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TinaLVP May 2022
In Southern CA. my mom was with JP Morgan CHASE Bank. They suck !!! They are thieves. The elder abuse laws only protect older people who have some money. Banks do not have to report any suspicious activity under $5,000.00
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These are questions that only an attorney can answer for you. I wish you good luck in checking out the details with what documentation you still have.
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AlvaDeer Apr 2022
Having further read your responses below, Tina, it is sounding as though you haven't really been understanding how all this works. You have reported to banks and innumerable agencies and all have attempted to reassure you this was done legally. Banks could not do it otherwise.
I think if you get an attorney then that attorney can at least help to reassure you that this was legally done and is over with.
As far as caregiving and receiving nothing to do so, it is far too late for that to be remedied. That has to be done at the time.
I am sorry for your distress. Get an attorney, take your evidence, and get some reassurance so that you can move on.
At some point you claim in your question to us that the Hospital "killed" your mother. Such claims do cause us to sit up and wonder. I hope you will eventually find peace to move on with your life. I am sorry for your loss, and for all your distress.
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Did the bank actually assist? Or was mom with bro and wanted the withdrawals? Did mom have dementia? Had the POA actually been activated with a determination of incapacity by mom's docs? Your profile does not provide any information about mom's medical status.
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TinaLVP Apr 2022
I finally had found "hard evidence" searching the house that had slipped through the cracks. They were a few bank statements of hers and his! That showed what was going on. The bank KNEW prior to me finding the evidence by my taking her down to the bank so she could inquire about her money on her good days of clarity. 3 x's I took her down there and each rep would say "we cant show you where your money is going". (Well why NOT? Her name is on his account as payee?) They would also say "whats going on is illegal!" and nothing else. The last rep included "it's called account takeover". I would take her in to get debit card charges taken off she didnt make. My bro even had opened an online account to her acct so he could make transfers without her knowledge. When I went down to talk to the manager and showed her what was going on and that my mom's account is nothing but payday loans consuming every penny! NONE of her bills were being paid! Then he just went into her account and changed her mailing address to his. Cancelled her auto bill pays. Put a stop order on her property taxes. He was NOT allowed access to his account let alone hers. So instead of stopping him they went into damage control and put ME under investigation. Which was fruitless... I dont have a bank acct. or a cell phone!! The bank let it continue. My mom having cogitative decline because she didn't go to her appointment that would have diagnosed her sooner as being with dementia.... I got a letter from her doctor that flat out said my mom has cog decline and suspects my brother is abusing her! So I could also show that to the bank which I did.
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if you have proof that her funds were taken and put into his account then you can go after him. I would take any proof you have and go to the police, if they feel a crime has been committed then you can pursue a lawsuit against him.
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Grandmaofeight Apr 2022
I should also mention that financial institutions have a fiduciary duty to protect your mother against fraud. Transferring money from her account to his should raise a flag with the bank
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You can still try to pursue charges if you wish. Have you gone to the police to file a report? You could also go to a lawyer to see if any civil action can done.
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TinaLVP Apr 2022
Yes, there are police reports. See above ^ and below for more details.
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Its ilkegal for him to take her SS money. Its hers and to be used on her. Have you called the SS office. Do u have proof of withdrawals?
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TinaLVP Apr 2022
I had filed complaints with every possible agency - Comptroller, CFPB, FTIC, FTC, FCC, FBI, Post Master General, Police, APS, SS, Atty Gen, you name it I filed! SS called me and asked if there were any transactions of more than 5 grand? I said no, she lived check to check. Well that didn't fit the criteria. So they wished me luck and hung up. I called the DA's office and talked to an investigator I asked what about these new laws that are supposed to protect seniors (because the DA considers matters like this a civil matter.) The investigator told me (this was before I realized how involved the bank was). the laws aren't worth the paper they are printed on. After I figured out the bank involvement I contacted a fairly large law firm and submitted a synopsis of what happened. They contacted me and were VERY interested in the case after I showed them the evidence I had. They said this would be quite monetarily beneficial! One hurdle I had to get over though... they said I had to get rid of the debt he incurred in her name. I went to work on that and was only able to get 2 dismissed. So I didn't contact that firm any more and waste their time since I couldn't acheive the goal I was given. But I know SOMETHING has to be done. Chase bank gets away with so much crap!! And this that happened to my mom is bad. Real bad! If it happened to her I know this has happened to others that have accts with them. Laws don't seem to protect the MOST vulnerable that don't have much to take. from.
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