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My husband has been taking financial advantage of my 89-year-old mother for nearly 15 years. When she moved into a senior community in 2005, we moved into her house as newlywed renters, paying a fraction of the market rate; it was purely a short-term arrangement. But one year became two, two became three, and on and on it went, despite my objections. Not only was my mother not being paid a fair rent, but in 2017 I learned that my husband stopped paying rent entirely many years earlier, and that my mother has had to deplete her savings to cover her own expenses. Her only income has been social security and a small monthly annuity payment. In keeping with the situation, the house has slid into deplorable condition due to huge deferred maintenance issues. There's more: in 2006 my husband convinced my mother to take out a $50,000 home equity loan so that he could pay down credit card debt, and over the years he would frequently ask her for smaller personal loans as tide-overs to the next paycheck. He always claimed to be on the brink of a financial/professional breakthrough (he's a scholar/university lecturer) and for a long time I believed he would eventually make things right. But that was a forlorn optimism. I've confronted him numerous times about these matters but he invariably becomes defensive, dismissive, tries to shift blame onto me, makes a swift exit.


My mother now has advanced dementia. In January I was shocked to learn that my husband is 1) successor trustee of her trust and 2) a 40% beneficiary of her trust. I can only imagine that he exerted major undue influence on her while the trust was being set up. In fact, he accompanied her to the meetings with the estate planning attorney. We had only been married a year at that time and my mother knew him only on a surface level.


I've been actively distressed about the exploitation for the past three years but lacked the confidence and courage to expose it. My husband has a strong support network of friends and colleagues and would be an unpleasant opponent. I'm an only child with no other living relatives to turn to. I no longer have funds of my own to afford an attorney. I sent the estate lawyer a letter asking for help but she refuses to get involved. I don't know a way forward.

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Hello,

I too had an abusive, Manipulative husband for 30 years.

He moved into the home I was renting from my mother on section 8 housing assistance as I was a low income single mother. When I confronted him about paying rent he constantly threw it in my face that I hadn't paid a dime to her before he moved in. That was incorrect and also had nothing to do with him paying his way.

Even after he started making a decent salary, he withheld funds. I would get his check, say $500 and he would tell me he needed $300 of it to pay personal debts. I was supposed to pay utilities, buy groceries, and dress 3 kids with the balance.

When I got a part time job I pushed him into buying the house from her. He didn't exactly agree. He told me to go ahead and pursue a loan without divulging his name, his social, his income, or any other pertinent information about him to any lenders, absolutely making me play a fool. Yet, I succeeded in spite of his sabotage by meeting a broker at my hairdresser's who welcomed the business.

She advised me to transfer the title to our name and we got a refinance loan. We settled our credit card debt, and paid my mother 3 times what she invested. (We didn't qualify for a loan because of the debt and no down payment.) Thank goodness for that hair appointment.

I was real pleased with myself for finally getting my mother what she was due and proceeded to take the abuse right on the chin from then on.

He didn't like how I paid the bills so he took that over and I watched as they multiplied in the mail slot, counting and calculating how far we were behind, a nervous wreck.

In the meantime, he got more credit cards. Rather, he got credit to pay off credit but then he'd use the old credit, even after cutting up the cards.

Then he refinanced the 8% mortgage to pay off the brand new car he had to have, and paid off another batch of credit cards.

Next, he took out a second mortgage to pay off more credit cards. After that, there was a questionable insurance claim and finally, he filed for bankruptcy. I say "he" but you know my name and income was right along his. He finally left me for a woman 20 years younger, leaving me homeless for 4 months.

Go figure, his new woman received a substantial inheritance. Unfortunately, she passed this past year and he's on his own.

All told, he gave me $140 cash and the leftover junk from our house, for 2 kids and 30 years of marriage. What I got was 2 babies that I thought needed a dad. I was very wrong.

I am so glad to be here to help my mom and make up for what he did and even happier to be rid of him.

The moral to this story is he will use you until you are all used up and have nothing left for yourself.
Take everyone's advice and RUN from this man! Do it smartly so you can make him pay. Do it before you get too old to enjoy life.

Good luck, charK60
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Your husband has been abusing and taking advantage of both your mother and you for years. She just recently found out about how he is exploiting mom's financial trust too. Mom has been residing in a senior community for many years so I am assuming it's more of a retirement type as opposed to assisted living. You DO need to get to a criminal lawyer first, elder care lawyer, and if you choose to a divorce lawyer. Mom was allowing the two of you to rent her home as newly weds to give you a foot up and save some money, most parents would do so for their children. Do you know anything about the household finances? Are you even on joint accounts? Did you send the letter to the estate lawyer HE used to swindle mom? If so it's no surprise she doesn't want to be involved knowing that what she set up is a definite gray area especially since his actions have come to light and nothing was done to protect mom's interests at the time. Back rent needs to be paid, repairs made to the home as I'm sure upkeep and maintenance was part of the reason for lesser rental costs. He needs to make mom whole by repaying "loans". Are you even sure that he has his job still? Do you see his pay stubs? Protect mom, protect yourself, when what you are planning comes to light he may go off the deep end. Contact women's shelter for help, they have resources that may be able to help.
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YOUR INSTINCTS ARE KICKING IN FOR A GOOD REASON.

FOLLOW THAT:

PUT YOUR WINGS AROUND YOUR MOM - PROTECT HER
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PAT AT HOME, is on the right PATH , most law students have to "volunteer" a lot. And some of that is at the MAIN COURT HOUSE.. Do look it up, things have changed a lot since COVID.
Main Court House, Paralegals, but the MAIN THING IT LISTEN TO : YOUR GUT

DO NOT DISREGARD YOUR GUT FEELINGS. Honestly, that is your best bet. LISTEN TO YOUR GUT. Take what is said on this forum, and just know, you are questioning YOUR GUT. JUST FOLLOW IT. PLEASE
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And be sure to log off this forum every time! U don’t want him to know u r onto him and seeking advice!
I didn't know that. Should History be erased every time too? Honestly, is this how "phishing" works? I DO need to take some computer courses. I usually and reluctantly ask my kids.
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Run to see a lawyer. Try to get one on contingency basis.
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I pray for only the best outcome.
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Hi, Nightreader:
When you made your marriage vows back then to tie the knot, two were to agree to marry for better or worse, second for richer or poorer. I don't think it is really my business, but you since reached out to us, I am am going to ask anyway: Who was this man at the time you married him? And, how long were you married to this guy? I also want to state that he does not appear to have a positive family background and therefore has been unstable for some time. Any warning signs before your his abuse to your mother?? From what I gather, it is time to divorce him. If you cannot afford an attorney, please look into a State Attorney for free. The State will look at your assets to determine your eligibility status. Please get help now before it becomes way too late. And, I would like to hear back from you what action was taken and its outcome.
I Care along with our other readers.
All the best! Patathome01
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I’m so sorry this abuse has happened to you and your mother.

I understand leaving him will be hard for you - you haven’t left him yet, probably because you don’t know where to start.

(1) Obtain documents (if quickly possible) which can help you illustrate what happened. If you can’t do this quickly, go straight to #2.
(2) Contact the police and get a police report filed.
(3). Apologize to your mother.
(4) Contact a divorce attorney.
(5) Pack up his things and arrange for them to get to him without interaction or contact by you.
(6) Do not talk/write/text with him. He manipulates you and it is an unhealthy relationship. Contact him only through attorneys.
(7) You will be okay, now and forever. In fact, you will be much better.
(8) Allow yourself space and time to grieve. Loss is hard, even when it’s needed.

Lots of people are in difficult relationships. You only have one life, and he is wrecking it for you and your mother. Don’t give him another hour.
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I would go to the local Office on Aging and seek their help as a starting point. They deal with senior issues. Can you find and attorney for at least some free consultations. This man should be in jail.
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Lockett2166 Jul 2020
DO NOT UNDER ANY CIRCUMSTANCES LET YOUR HUSBAND KNOW THAT YOU ARE GOING TO DO SOMETHING. HE MUST NOT KNOW THIS.
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People are flawed. There are many that married a man who's outside version did not match the inside. Maybe a brillient musician who drinks, a cheery school bus driver who beats his wife, the science academic who thinks he is above all rules - rules like elder abuse.

This is elder abuse. There is also financial spouse abuse. It needs to stop. I personally would like to see this man condemed, divorced, & jailed.

But much more, I would like the OP to restart her life.

I would start with getting a mobile phone & laptop on her own. So she can call & connect to others privately. Getting a separate bank account is a priority. Getting separate income. Be that paid work, unemployed benefits, pension whatever. Direct to OP's account. Then separate living. Then best pro-bono lawyer possible.

All this will take enormous courage & when dealing with people who think they are above the law, people who play very dirty, no morals it will be even harder.

I hope the OP can start to gather a support team. A good friend or two. An experienced social worker. A Pastor or religious leader if appropriate.

The problem is laid bare now - with all the hurt. Like a planecrash. Now it's time to find the survivors, get a team, survive & head to a new post-crash life.
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xrayjodib Aug 2020
Amen Beatty,
My fervent prayer for her is that she isn't held responsible too!
Things get tricky with finances when you're married.
I am totally in NightReaders court!! Hopefully she will seek legal counsel immediately!!
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you can reverse any po that your mom sign you have to take control of this situation and stand up for your MOM AND YOUR SELF DO IT NOW before it's too late
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Imho, this is classified as elder abuse. I implore you to seek out an attorney STAT. I am terribly sorry that you lived and continue to live with such an abusive man. Taking financial advantage of one's mother is the lowest of the low. There is a special place in the afterlife for him and it does not include a halo. :(
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BTW be prepared that he has probably been saying unflattering
things about you to others for years.
Her neighbors, the estate attorney, people at the bank.
What ever.
He may tell people you are:
lazy
don't care about your mom
too dim witted to manage her money
don't like your mom
your mom doesn't like you
you can't be trusted and on and on

Anything that may explain why he is involved
in everything and you are not

One person said for years his wife was a
secret drinker, passed out by 7 pm from
drinking every night,
She wasn't, not at all, but then when he
was seen dining out with other women,
he got sympathy because
his wife was 'a drunk'.
She wasn't she was at home, waiting for him
while he was out with 'the guys'. For years.
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Call your local or state bar association and ask for a referral to
a lawyer that specializes in this area. You usually get a
30 minute consultation for $50-$75 dollars. They can
give you guidance and ideas of what you can do what you
need to do, how to do it.
I don't know if it is something that legal aid might be able
to help you with our not.
The other thing is contact your county Agency on Aging,
have your documentation ready (keep an extra copy of everything
some where other than at home, may even 2 copies in 2
other places (friend, coworker, rented bank box, what ever))
This may be a case for elder abuse. Financial abuse is abuse.
Whether by a family member, friend, or stranger.
Look online at your local and state laws as what they define as
financial abuse, but this would certainly seem to qualify.
Whatever estate person helped set this up for him will be
of no assistance, because HE is their client, not you, they
have a duty to him as their client.

Don't say anything to your husband. If he knows what
you are considering, he will do everything to thwart you, or
he may threaten you and/or your mother.

Do you have any friends you grew up with that knew your
mother, or co workers (yours or hers), or her friends, neighbors?
A minister?
These could be possible allies to help you., and support you.

If you do have your husband investigated for elder abuse,
he will find out. He may threaten you, your mother.
Record any and all threats. Let him leave or kick him
out, or you leave. You are not only doing this for you
but for your mother. He has robbed her for years, thereby
robbing you.
Your mother has no one but you to stand up for her.
If you cant stand up and fight for yourself, stand up
and fight for her.

Plan on making a new life for yourself.
Once her money is gone, he will be looking
for a new source of money, and that will not
include you in his life. You will be left with
no husband and no money.
At least if you fight him now, you could end
up with some money, but more importantly
with a lot of strength and self respect and self
confidence.
He won't get any better. He has no remorse.
He is very sneaky, He can not be trusted.

Best wishes
Stay strong
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It depends on whether you want him to go to jail and divorce him or just divorce him. You can call DCF and file a report and remain anonymous. I know of someone who is going through this right now. It’s horrible to think someone would do this especially your husband.
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xrayjodib Aug 2020
Onlyonecaregiver,
You raise an excellent point!
If he goes to jail, he is not earning wages and therefore can't pay child support or alimony!!
Sometimes the fear of going to jail sends a very clear message!!
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I suggest going to the woman's shelter place. Definitely divorce the scumbag. Get a good divorce lawyer while you get a elder lawyer. Possibly get the police involved.
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Call 211-- and get ahold of family law free legal help team and leave him-- he is obviously not a husband but a con man. Get Power of Attorney bestowed upon you. Then take him to court and get alimony plus damages. First get seperation papers drawn up and have him evicted from you and your mother's home. Then get your mother into an assisted living facility. Stop being a doormat-- grow some guts and move forward-- dump the trashy old thing. And do not tell him anything you are doing-- let him have a big surprise when the cops come and toss him out. You know you can get your mother to sign anything countermanding anything he has forced on her-- she is still alive and she IS YOUR mother.
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Your husband is an unpleasant allie.
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Llamalover47 Jul 2020
Isthisrealyreal: You had me and I had to look that one up.
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You need to report your husband to your state department for elder abuse. Also you need a senior law attorney; if you can't afford one, go to Legal Aid. These steps will no doubt end your marriage but I get the impression that your husband may have married you to get access to your mom's money. Your husband has done a good job of intimidating you and he has taken advantage of your mother's money. Id you need to gain confidence, find a therapist. There are agencies funded by the United Way where you can find a qualified therapist for little or no money. You have no choice here, you must take action.
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This is 100% Elder Abuse! Find someone who will do it Pro bono and fast he can't do this.
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Your situation is not new and it seems that you and your mother are both victims. Find an area on aging agency in your area. They may be able to connect you with attorneys who will do pro-bono work to assist you with this horrible situation. Has your husband been accessing her bank accounts? If yes, contact Social Security immediately. They can make a guardian to take care of her money. Some cases it maybe you. While I believe in the situation you are in more issues would happen between you and your husband if you were to become guardian. He seems a bit manipulative and coercive in nature, and while I hope he would not become violent against you should you refuse to assist him using your moms finances, I would rather not have you in such a position.
Best of luck.
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I feel that you are also the victim of this man's abuse. Please gather strength from the compassionate, helpful replies here and forget the harsh words of others. This guy is obviously very convincing and manipulative.

I don't trust the lawyer he found, either. The only person who should be in the room when your mother signed these arrangements would be your mother and the lawyer.
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I'm so sorry for you. I can definitely see how this could happen. One small act leads to another, and over time, they pile up until the breaking point. Some of your husband's activities seem criminal. In addition to a lawyer, I would file a police report. Your husband, at the very least is guilty of elder abuse, and perhaps extortion. Good luck!
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You married a con man.
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Get a cell phone that you password protect so that your husband can not access your messages (I am presuming that you are still living with him although I don't know how you can stand it). Put the ringer on "silent" but remember to check it periodically. I'm being protective here because I've spent sometime working with police departments and I believe is your husband suspects that you are about to pull the plug on his little game, I he may become more dangerous that you can imagine and you may find yourself in danger.
I'm not sure if you have your own funds but I would contact the office on aging in your area and fully explain the situation to them. Hopefully, they will be able to direct you to an attorney or to the state's attorney general. Ask them to use your private cell phone number. If you have any friends - yours not your husbands, see if you can use their address to receive mail but it might be safer to get a post office box. Protect your mother and try to get physically and legally away from your husband at the earliest possible moment. Not sure of your age but life can begin away as long as you have hope, integrity and breath. Good Luck and keep us updated.
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Dear Nightrider,

I'm sorry that you are going through this and at the same time you need to get tough and start looking after your's and your mother's financial welfare. You're worried about your mother's financial welfare, what is going on with your personal financial situation. Get in contact with a Senior Services organization to help you with your mother's issues and at the same time look at your credit and your financials and make sure you are in good standing, especially if you are going to divorce this man. If he will cheat your mother (essentially you) he will definitely cheat you. You expect that you'll get certain things from him if you get divorced, but if he has been scheming all this time don't expect anything different in the future. Take care of yourself, be strong and don't let a bully intimidate you. Also, get support, you don't have to do this alone.
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I would recommend contacting your local Area Agency on Aging to discuss your concerns. You recently became aware of the scope and depth of the financial deception. Steps need to be taken to remove him from trustee of her trust if only to protect her assets from him. I am concerned that you will also fall victim to him once your Mother passes.

As a retired licensed Social Worker I have seen financial abuse by family and community members. When an individual, such as your husband, demonstrates a lack of integrity to an elder by financial abuse, I usually assume that this is just the tip of the iceberg and other abuses to other people will or have occurred.

Your Mother's attorney does not want to implicate herself. Later you can file a grievance against her with the board of licensing. She could be held financially culpable if the case is proven.

I would also suggest that you get support emotionally from outside your relationship with your spouse. I am concerned that you may also be at risk. Certainly, your husband has made arrangements to receive nearly half of your mother's estate with no reference to you, her blood relative.

This is a difficult situation to find oneself. Good luck in moving forward. Your Mother deserves to be protected from this date forward.
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NightReader,
Try finding a decent lawyer with experience in elder law that can work at a reduced rate or maybe even for free (pro bono).

https://www.probono.net/

https://www.nolo.com/lawyers

There are lots of resources on the internet.
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Find an lawyer outside of the one who drew up the trust. You found out about the trust in January, seven months ago. This is the issue to discuss with a probate/estate planning attorney I'd think. As your husband, he maybe was able to legally sign for you. Without your knowledge is divorce worthy. If you knew, you were complicit.

After your mother passes and if the house is still in her name, your husband already has the 40% if the house is sold. Expect him to buy you out in a divorce and you will be out.

Was the 50k HELOC paid? That should've gone to home maintenance rather than cc bills. That should be assigned to you and your husband, and to your husband if constructive fraud and elder abuse is argued in divorce. Your mother should be reimbursed on top of the rent.

Maybe the intent of not paying rent was so your mother depleted saving to spend down and become medicaid eligible. Was your rent intended to pay for her care home? Or the heloc and house tax and insurance?

Girl, get account #s on everything financial, protect yourself, the house and take care of your mother and get him out. Even if paralyzed, keep moving.
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