I am my 96 year old father's live-in caregiver, POA, Trustee Admin, and, by his will, Executrix. What options exist to protect me? - AgingCare.com

I am my 96 year old father's live-in caregiver, POA, Trustee Admin, and, by his will, Executrix. What options exist to protect me?

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About 20 years ago Mom & Dad signed the house deed over to their seven (7) children, with life use for them.

As Dad's POA and pending Executrix, I have been working with him to address many unresolved issues & questions about what another sibling did with his assets in her name and mine while holding his POA until late 2006.

She has been a license CPA for almost 30 years, by the way.

In addition to commingling his assets with "hers" (bought on margin using his assets as collateral for most - misappropriation, if I understand the definition correctly), sh managed to get me to approve transactions (for March 2000-November 2000) in my account through the broker while I lived in the midwest 10-15 years ago. This was done under the guise of following Dad's instructions while she was his POA at the time. In November 2000 the broker asked me to give her a limited POA because of the number of transactions she had been calling about. This would take him out of the loop. Unfortunately, it also allow her to remove thousands of dollars in checks which she forged to cash.

Fast forward to my return home over 3 years ago to care for my Mother and Father after years of traveling every other weekend from out of state to help and to do respite care. Thoughts of those unreported (to me) transactions, with my father receiving the brokerage reports all along - but not understanding them in full - prompted me to try to assemble all available records and reconcile his assets.

The battle was on when I started asking questions 3.5 years ago. She convinced four other siblings to side with her. The 7th is like Switzerland & wants to remain on the side, but understands many of the violations that the CPA sibling committed.

Hostility built and remains, leaving the family quite split and Dad heartbroken from learning his CPA daughter is so ruthless in accusing him of lying that his assets (moved into her name by her or him is TBD) were truly his.

Dad's current attorney is working with us to prove CPA sibling held Dad's assets in a constructive trust as recognized in NYS.

What options exist to protect me and my domecile from further intrusion or assault until I can get Dad's estate settled, house cleared out, and ready for market?

I'm sorry for the dissertation - abbreviated form. ;-)

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Put your concerns in witing to the NYS attorney general. You will need to be deposed as to how you were bamboozled into letting this happen. A trustee who is so easily fooled will likely be removed by the courts. Do nothing and you may face prosecution as a co-conspirator.
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Also just want to tell you every atty I went to told me hiw U co Yuri kd not probate my dads will.Wrong. and when I spoke w/cpa. They try to put the fear of god they alsi rend to promise what they can't deliver. And then u owe a lot snd time snd aggravation. Did yiu ask this forensic cpa how long and how much and can he promise a good chance of winning case??? Just a thought. Apparently its not as easy as one might think? And if u do prove she misused funds does she have money to pay back
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Hi there.I had A friend go threw this with a forensic acct it took over 8 years and she ended up owing the account a great deal of $. I also live in nj. The bsnks and bokerage accts should have records for 3 years right? Why don't you find out how much she took and than have your Dad write her off completely..and the siblings that agreebeith her can also chip it..Did she misuse a great deal of money?
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and the constructive trust continued until she transferred the remaining assets into his Irrevocable Trust three years ago. The statute of limitations is 6 years in NYS.
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1GoodGirl, my Dad's assets are covered either through his will (I am Executrix), trust (I am the Trust Admin), or joint accounts with my name at this time. I have a Revocable Trust for some of my assets which are few.

Because of my skills and experience, I am assembling an audit trail before engaging a Forensic Accountant again. We hired one last year, but he was hampered by a lack of answers from the CPA sibling. I found that brokerages just MIGHT have archived records, such as those I found through Prudential Records in NJ. They were able to provide copies of cancelled checks, three of which ere forged by the CPA sibling, and another that shows it was signed for deposit directly to one of her bank accounts.

One option I'm pursuing is reporting the CPA sibling to the Ethics Committee of the CPA licensing Board. Another is to prove a constructive trust existed when she held my father's POA.
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Also you might consider making a trust for your dads remaing assets and making you trustee. You can also put your house and assets into your own trust so they cant sue you or if they do they will get nothing bc your trust will own them. Good luck
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I am in the same position. Short of hiring a professional to do accounting at a very high fee. Nothing.... I was told keep very good records of everything you do also keep records of how many hours you are putting in to straigten this mess out
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