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Brother defrauded parents out of all retirement funds posing as their Financial Advisor. Remortgaged their home twice and took huge cash payouts. Changed Title Deed to his benefit while parents suffered from Parkinson’s and Dementia. Filed false tax returns. Usurped combined social security income for at least 5 years. Changed locks on their home and mailbox while they were living with him. Won’t sell condo to pay for widowed mothers long term memory care. Created a financial POA 5 weeks prior to fathers death forcing dementia mother to sign it. All of this without the knowledge of other 3 siblings. How can I find a lawyer to minimally, force brother to sell condo, and give our mother the money she needs to pay for long term memory care?

Thank you everybody who responded. I believe coerced is a nice way of putting it. I am looking for a Litigation attorney now. No idea about a Will etc as our brother kept any papers at all relevant.
Yes I reported him to the SEC and suddenly he sold his business. Although Commonwealth refuses to accept our POA and backed him 100 % (he was basically an employee) Shame on these people handling elder peolple’s assets with no remorse for what happens. Wells Fargo is the worst.
Reported him to IRS and will do so again. His partner CPA too who filed the taxes on my parent’s behalf with their signature on file.
Honestly the system is set up to protect these criminals and support lawyers & courts.
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Ladyshfr Nov 7, 2018
I understand. My Mom's financial-poa has the IRS after him too. My husband told me to report him to the IRS too. I agree. Shame on government agencies and banks. I also went to my Mother's banks and they treated me like the enemy. I stated to authorities and government agencies that I wanted no part of my Mother's estate and that I only wanted to be reunited with her. I was told the reason why government goes after the financial abuse is only to prevent the government from supporting the elderly victim. Unfortunately the government does care about the elderly victims health and effects the abuse has on their families. SHAMEFUL!

I am trying to start a support group for elderly victims and families that are dealing with elder abuse. I would like to keep in touch. If you ever need an ear, sounding board, advise I would be glad to help. Let me know if you'd like my email.
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I heart goes out to you and your parents. My Mom and I were best friends prior to her stroke. Our father passed away caring for Mom. My siblings intimidated and coerced out Mother into a nursing home so that they can take over her home and assets. My siblings restricted my access to our Mother (as well as my children) when I asked about Mom' finances (I was nominated as successor POA-financial). If something would happen to POA number one, then I would be in charge of Mom's finances, so you'd think he wouldn't have had a problem showing me Mom's financial record. They are living in her house, spending her money, and isolating her from Mom's my family, my 1/2 brother's family, and my Mom's only living sibling. My neice recently informed me that my siblings want to take me out of our Mother's will. I can't even grieve the loss of my father because I'm so desperate to be with Mom. I called and reported the elder abuse and turned over my evidence in May 2018 and yet the abuse continues. My biggest complaint to APS was the intimidation, isolation, coercion that goes along with all of the financial abuse (to my calculation it currently is between $20,000 - $50,000 that I know of). I will also say that the APS in my area are not very compassionate. I have always been apart of my Mother's life and APS will not help mediate any kind of reconciliation with my Mother. The nursing home has also been caught in numerous lies and half truths, but no help from authorities. I'm afraid justice will only happen after Mom passes because my siblings will have to submit to the probate court and itemization of all monies that were received or paid out. Being separated from my Mother consumes me with an overwhelming despair that words cannot express. I pray everyday that Mom and I will be reunited before she passes away.

Your biggest problem is that your siblings may have brainwashed your Mother to tell the authorities not to investigate (I believe that happened in my case).

I will pray for you and your Mother.
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I am so sorry that your family is going through this.

I have no help to offer, but I can say that he may get away with it in this life but he will answer for these horrific crimes. Doesn't help mom now, I know, but it helped me feel better about my dads wife and her crimes against him.
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Have you contacted the tax department, IRS in the US, CRA in Canada? If your brother has filed fraudulent tax returns on behalf of your parents, then the tax man will go after him and lay charges.

Police saying theft is a civil matter is nuts. I know where I live the police do not like financial crimes and you really have to prod them to get results. As an accounting student we learned that most financial crimes are not prosecuted. I had this experience in real life too. We were embezzled by an employee and we had to hire a forensic accountant to the tune of a $30,000 retainer to prove the crime. We were near bankrupcy when we discovered the crime and could not afford the retainer. The criminal got away with it and we had to work hard to cover the losses and not lose our home.
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What is / was done for probate since dad died?

Your fathers death is probably what throws throws this into the “we can’t do anything” pile. They were a couple, it’s joint assets but he’s now dead so probate laws & rules come into play. His death creates a probatable Estate and that’s where to take this mess into. Imo whomever told you to get a probate atty who does litigation was probably the best advice in this hot mess. I’d suggest you call that person or law firm back and ask for names of probate guys who do litigation- it’s specialized work; most probate atty do NOT do litigation. I’d guess 5-10k as a retainer.

So what’s the backstory on there being Dads will?
& whats been done for probate?
Also is your brother a broker? Like has a series 7?

regarding pro bono, both law schools in my city have well established pro bono clinics but they only do homeless/housing issues, juvenile justice (espongement especially) and disability rights.
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I can really feel your pain Horrified. I just posted a question about this same topic myself. The police, DA and APS all seem to just give you the run arounds from organization to organization. The services set up to get rid of this problem just don't help as they should. The way you describe your experience with the estate attorney mimics the same experiences me and my family have had. The best advice I've received in regards to this is to get an elder law attorney. Many lawyers have quoted these cases to cost between $5000-$10,000. You would think that the bank records alone would prove a severe case of fraud, however, it doesn't seem that simple. I wish you good luck with this matter and hopefully you get the help you're looking for. You aren't alone in this matter.
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Horrified Oct 31, 2018
Thank you. We tried Elder Care attorneys who said we needed a Probate Litigation lawyer. I don’t know why Probate my mother is still alive. I send an email a week to diffferent law firms and never hear back. Very frustrating and when my mother dies our brother will inherit what is fraudulently his and after he stole over 500 K from retirement funds etc. You are right the services are a run around. Under funded and sadly over worked by the abundance of scum out there taking advantage of the elderly and handicapped.
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Are you still in touch with pro bono legal services? What was their advice?
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Horrified Oct 31, 2018
No. He said go get a lawyer. Pro Bono is over worked and just like APS only handle the most severe cases - like homeless, living in squalor, starving.
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Years of bank records showing him transferring the funds from their retirement account, into my parents bank account, direct transfer into his account pre set up, claimed on parent’s taxes as “income” he filed, cancelled checks, credit card records,
documents pulled from the city court house and his own financial disclosure document admitting to the amount originally in the IRS plus using their combined social security checks and tax refund and rental income!
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I think I'd start by reporting these crimes to the police.

You need for him to be criminally prosecuted. Look for a large, well staffed eldercare attorney firm that is experienced in litigation. Your local Area Agency on Aging might have some suggestions.

Do you have evidence? This may well devolve into " dad agreed with this " and there will be nothing to prosecute.
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Horrified Oct 26, 2018
Filed with police. APS. City and State Prosecutor. Pro Bono legal services said definitely elder financial fraud but elder care attorneys say it’s criminal and police say it’s civil. Real Estate lawyer said I need a Probate litigation lawyer - which is who my brother retained in 2 different states paying with my widowed mother’s money. Father had Parkinson’s with dementia mother severe dementia. He knew she was making poor financial and life decisions.
thank you for your reply.
We tried an estate attorney who just ran us around the block asking for documents, saying he never received them, skew of different para legals, sent one letter to the other lawyer which we drafted and than he “fired” us!! After charging for hours and hours at 400$ an hour in “reading emails” etc. Total waste of time. Now brother’s lawyers won’t even answer us. It’s very frustrating and now my mother lives with me overseas. We were afraid to stay at her home and I had to get back to work.
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