Can you report financial abuse if the victim has passed away?

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We believe a familly member was finacily abusing his grandad,but grandad has past away can or how can we report him

Answers 1 to 10 of 13
What makes you feel that he was financially abused?
Top Answer
Be careful what you accuse someone of unless you have solid proof this has occurred. Were you directly related to your grandfather's care before he passed? Do you have first-hand knowledge someone was taking advantage of him? If not, my advice is to let it go until you do.
yes have documentation and if the person has passed i suspect you would want restitution of monies? I am doubtful that any agency will act given that the victim has passed.
We reported her family, POA's for financial neglect and abuse and still did not have a leg to stand on, plus we were and still are the unpaid caregivers of our 86 year old.

Our 86 year old is still very much alive, they did not pay for her medication or food for 5 years we did. we also reported them to senior abuse hotline. The POA's lawyered up and said that we were abusing her. They removed her from her home and found out that they could not do what we could do. They put her in an assisted living that charged $6,400.00 to place her in a little room. we want them to repay the squandering of her small (60,000) savings. In the 5 years that we paid for her food and medicine, there was never a thank you. The good outcome is that she has a guardian that is not the POA's because the POA's lost their rights when they spent all her savings and sold her house and were unable to get guardianship, guess why? NEGLECT.
we are still going to see a senior attorney to find out what if anything we can get for restitution, for taking care of the 86 year old and trying to defame us in the process. It sometimes doesn't seem to get any easier, no matter how much time passes and for us the nightmare began (2 yrs.) but was bound to happen anyway, when we reported them for financial neglect and abuse.
You can try. You might be successful. As purplesushi said, be careful of accusing someone unless you have solid proof. I asked my lawyer about bringing charges against mom's paid part time caregiver and he said it was treacherous ground to walk on unless I could prove it. He told me I should also be careful that I and any recording keeping was squeaky clean so so she couldn't came back at me in retaliation. He said a lot of this type of stuff is done by people who know how to get away with it. It's a shame but a sad fact.
And that is why "this system" it needs to change.
It is the Domestic violence that is hush hush, because too many people make money from the corruptness of it all. The lawyers, the GAL's, the guardians, the realtors, the people who get paid for care-giving, etc. it always seems the kids that do the "right thing" never get a credit, or a glory, it seems they get the the tough side, but in the long run they can sleep at night.
My neighbor is experiencing THE VERY SAME horrific situation…AND fears that the two hellish peeps may have actually had a hand in her Aunt's death.
My response:
1. NAIL 'EM!!!!!!
2. Speak w/your local senior/elder advocacy group/center—they most likely have a lawyer on tap who specializes w/elders. OR, find an attorney who does!
3. HAVE YOUR DUCKS IN A ROW!!! Organize your paperwork [gallon-sized zip-loc baggies work REALLY well—they are contained & you can see thru them—easier to file!!!!!! MAKE COPIES, keep the originals!] & approach your District Attorney if the other resources are not available vs. the police. There are also attorneys online that you might be able to secure some preliminary answers/council [be smart/be careful!] that you can utilize for a membership fee—choose carefully!
4. Create a SIMPLE, written time-line that reflects your documents/findings/ documentation. Take pics if possible, record 'conversations' as well. Scan & back up your written/printed evidence.
This is one of the MOST HEINUS forms of abuse—targeting the most vulnerable persons [along w/children & special needs individuals!].
5. Approach w/the angle of seeking assistance—don't alienate the 'authorities' w/your anger—they deal w/enough of that & might well stop listening! 'Position' them on your side.
6. Do your own [preliminary] footwork—talk to the banker, talk to the neighbors, talk to the shop owners where your loved one shopped, etc…but again, be as gentle as possible, and—again, 'position' them on your [loved one's] side before pointing fingers. People do NOT want to 'become involved' often—this is where 'artful inclusion' in terms of asking them to 'help you understand…' will benefit you most in the long run.
7. Do NOT come across as greedy relatives who are looking just for their $$. Seek 'justice' for your elder that might have been taken advantage of, or scammed.
8. Do not stop until you get the answers you need/want—contact the media [investigative reporters, news—local or national] IF they are not related to or politically [$$] endeared—AGAIN, BE CAREFUL!
9. Remember…this is a NOBLE venture in terms of how you are spending your time & energy. If your 'loved one' had trusted church affiliations [TRUSTED], seek assistance/input/feedback/info/resources/references.
Very best of luck—will keep you posted on my neighbor's 'journey'.
Hometown - I totally understand your frustration with this situation - and I can see where Enriched is coming from - but, in my opinion, it will be better for your emotional and mental well being to let it go and move on. I believe in "what goes around, comes around" - so the family member who was abusing granddad will get theirs someday. If you can't forgive, then forget so you can focus on the things in your life that will create peace and happiness for you and your family. Just my thoughts . . .
Usually you do not have what they are looking for, accusing them if your loved one gave them access isn't enough, even if you suspect it.
Her POA's spent 6,400 dollars a month when they did not move out her furniture when she was removed from AL, it can be proved, that comes out to 19,000 something dollars. we were already in court and it comes down to greed of the court, the court made her sell her house in the end, to pay 15,000 dollars to a GAL and their lawyers 12,000 dollars for the false charge of abuse wielded against us, 10,000 for another lawyer that did help the women, our lawyer was given the shaft as well as we, they did not pay us back our deposit, because they pinched our lawyer and since he did deserve to be paid, we let him have the deposit.

The problem is that the house when sold became part of the trust and we if the guardian doesn't want to pay us, does not have to pay us. so far that is the way that it is, we are going to go to one more elderly attorney to find out if their is anything to do with a lien on a trust or any other, he also did not get paid for the kitchen and bathroom reno's or the changing of the doors to no door knobs, the slide handle, to accommodate his ailing father who had RA. Not to mention 5 years of paying for food and medicine, see they have the bank account unless we can subpoena the bank records, who would have thought to save all the receipts, after all, its family, and they knew what was going on...HA!
Absolutely! If it weren't for this option, wrongdoers would go unpunished because they would be able to get away with it. Someone here mentioned they don't think any agency would act wants the person dies. To that person I say, you don't know that! That goes to show you that you don't know what you're talking about if you don't know the ropes, it's time to do your homework and stop talking nonsense because recovery is possible, I'm going through it myself and I know what I'm talking about from my own findings and experience. Recovery will depend on each case since each case varies. It  really is possible to recover even after a person has died. Recovery is possible if the fraud can be proven, there's money to recover any of that money's gone, go for the real property and sell it for the money owed to the estate. By all means, please research this topic because there are multiple pages speaking on POA and how people miss use it and fraudulently gain from the elder. More times than not, someone who has POA or other power over the person ends up helping themselves. This is only one sign they look for and how close to death changes in beneficiaries wills and beneficiaries are made, especially if the person wasn't competent and happened to be just about to die. One specific situation can be an Alzheimer's patient who happens to be in the very last stages of their life during the adult failure to thrive stage, this is only one example of what the law looks for. Believe me, they know what to look for, they know certain signs. 

What you really need to know right now is elder abuse laws exist for a reason, to help stop elder abuse and punish wrongdoers. Sadly though, elder abuse often goes unreported for various reasons. In the case of financial abuse it not only causes financial hardship to the elder, but also to the elders rightful heir's who may actually already be in financial hardship themselves. Unpunished elder financial abuse would allow undue hardship to continue and crimes to continue causing those hardships. By all means, report, report, report those crimes! 

Now, if you live in Ohio, you can follow my thread under discussions. This was actually started as a question in the very start before I was able to find a lawyer to take my case. As things finally started unfolding, new developments came into place.

The first thing you want to do if there was a life insurance policy is collaborate with the life insurance policy and give them your personal info

Contact the courthouse where death certificates are kept in your county and buy a copy of your relative's death certificate

Call your state bar association right away and tell them what kind of lawyer you need. If you're on fixed income like SSI with no outside help, definitely make that known. You should be assigned a lawyer who works on contingency

When meeting with your lawyer, you'll be required to come up with the fee needed to open the estate for your relative. Keep all important documents and any collaboration with the insurance company and if you have trouble, contact your state "department of insurance". If your case is forwarded, follow that lead and take your case there. If the next department of insurance won't help, this is where your lawyer will be helpful

What you'll need

Your birth certificate (if this is an aging parent)

A copy of the completed insurance claims form

Any letters and other collaboration with the insurance company along with any other letters with any involved department of insurance.

A copy of the obits proving the person's death

If you're an abuse survivor at the hands of that deceased, proving there was a fuse in the family and why you couldn't be in the picture will really help your case if you weren't allowed to be in the picture for safety reasons and the choice of that parent. Not having been allowed to have a healthy loving relationship with the parent is hard, but in the end good will come out of it in your case if this is a parent. This will prove that you had nothing to do with the fraud, especially if you had no transportation and work mostly stuck in your town and especially near your home around the time things were going on

Depending on the process of settling the estate, it may actually take a while. In Ohio, it it takes about three months from the time your appointment fiduciary by the court for you to obtain your deceased parents inventory and accounting information. If you have absolutely no access to those, kindly let your lawyer know and they should be able to take care of it for you after you've hired them.

As worrisome as it may sound, you may not necessarily want to panic if you don't hear from your lawyer for even long periods of time after the estate is open and you've been appointed fiduciary. Your lawyer is probably working in the background though you may not know what's going on, especially if he or she has a very large caseload. The good ones always do from what I've heard, so try not to call too often, but call periodically to make sure everything's going OK. I know this is going to be hard to hear if you get this far, but try not to panic during the silent Times. I read somewhere that lawyers often advise trustees for instance not to talk to beneficiaries about assets. At first I didn't understand why because after all, they are your assets if there's a strong chance you're entitled to them. What a friend explained is that the reason why beneficiaries are not allowed to know about assets is probably most likely to be for their protection so no one can take advantage of the beneficiaries entitled to those assets. So far this has been about the only reason I've heard as to why beneficiaries and trustees are not allowed to talk about assets. This can be hard if you happen to be handling your very first estate case, it can be scary being in the dark. Just remember if you live in Ohio, there's a minimum of about three months waiting once your appointed fiduciary over the estate. Then, also remember creditors have up to six months to claim debts owed to them, after which the door is forever shut if no claim is made. Money owed to the estate is usually on hold for a certain amount of time until it's time to settle and pay the estate. I'm not yet sure though how money is removed from the estate and transferred to the beneficiaries, I'm not yet that far ahead. However, I'm sure your lawyer will know how this is done. When everything is done and over and everything is transferred to the appropriate proper beneficiaries, then the estate will be closed and your duty as the fiduciary will be done. There are some cases where you may be listed as the only family left, which would mean that if elder fraud was discovered, you would serve not only as the fiduciary but also the beneficiary as long as you really are the only one left like I am in my case. As long as elder fraud can be proven, you will win in the end when all is done and the estate is settled. Just be careful though to protect all recovered assets so that whoever the wall had to recover them from can't come back on you and take them back. If the person in question from whom the law had to recover money and assets has a proven record of fraudulent activity such as unpaid taxes and foreclosure, this will also work in your favor since you'll be able to have one up on the fraudster because now you have proof from public record of that activity. Let's say the fraudster had property and wouldn't pay taxes. The IRS eventually goes after that person and if they still don't pay, the property is seized and sold in a sheriffs sale and all back taxes are recovered through that sale and paid to the IRS

If you know the fraudster's name and where they lived at the time the fraud happened

Go to Google

Type in the search box:

{County name} {your state} {public records}

In Ohio, let's say the fraud happened in Lorain County. You would type in the search box

Lorain county Ohio public records
Search or enter
On the next page you'll see the search results. Click around until you find what looks like the actual page you need. In Ohio, We have options available on the side of the page where we can do searches. In the two boxes, there is a space on the main page for Lorain County where are you type in the persons last name and in the other box their first name.

* Be very careful to spell the name correctly. If the legal first name of the person is actually the longer version of their name and not the short version, type in the longer version. Let's say we use the name Joseph. Don't type in Joe if the legal name is Joseph for instance. If you type in the correct spelling in the name search boxes, any records that exist under that name will come up.

Now, find the one with the proper middle initial. If you must get a hold of the county recorder to find any property that may have belong to that questionable party/your deceased relative, you may do so, but contact that particular county's public recorder. They should lead you through the navigation of their website right to where there should be a copy of the deed if property was transferred. Chances are it may have an official stamp a crossed it, meaning the probate court judge may not except an unofficial copy and you'll probably have to let your lawyer help you get this.

You can try alerting the cops and even APS to the fraud of the deceased person, but you may discover the cops and APS probably won't be too helpful if the person has already died. These establishments are probably going to be most helpful if the elder is still living but in your case it sounds like they're not. This is what lawyers are for.

I must share a special tip:

Opening an estate is for more than just collecting money, it's also a power to subpoena appropriate documents and force cooperation from companies who would otherwise be noncompliant and uncooperative. Sometimes it's discovered and the questionable establishment may actually be in the wrong or it may be that they just don't realize elder fraud really occurred. However, if you have proof you tried to warn let's say a life insurance company of your suspicions of fraud, especially very shortly before your relatives death and they still don't listen and still end up paying the wrong person, this is where your lawyer will be especially helpful. There have been people say that in some of these types of cases, the insurance company may have to pay out again and just go after the person they wrongfully paid. This may vary and may not be the case in every case. Sometimes you may have to go after the person who was wrongfully paid if it was proven the insurance company was just doing their job. However, if the insurance company was found to be in the wrong, they may have to make restitution depending on the case.

If your case happens to be a complicated one, it may take longer to settle the estate depending on the size of that estate. If it's a very big estate, sometimes it might take years whereas smaller ones may not take nearest long. How long to settle an estate may also depend on how long the court process takes because courts can move very slow in some cases. If the court process is slow due to a very big caseload with lots of other cases, it may take longer and having a very big estate can also slow down the court process of asset recovery if fraud was proven.

Again, if you end up with actual payment into the estate, take proper precautions to protect those assets with an iron fist. You'll definitely want legal protections in place especially as you age. That's because you not only have vultures out there but you also need to be very wary of predatory abusive guardianship. There are many nightmares out there of people who have been suddenly forced out of their homes when cops show up and use a battering ram to ram in the door and break into someone's home, only to physically drag them out the door of their own home when they happen to be home alone and not know what's coming. This often happens to a very elderly person who has not even committed a crime and is very well able to take care of themselves. What happens is predatory abusive guardians target wealthy elders with money and assets. I think you should learn everything there is to learn everything there is to know about predatory abuse of guardianship. Together we can make our voices heard and do our part to speak up and speak out and one day stamp out this "legalized" fraudulent abuse against our elders. Our elders have a right to age place if they choose, that's there right. They don't have to answer if someone comes to the door and they just don't want to be bothered. No answer means go away, not processed and break in my door and drag me out of my home. No answer means go away, go away, go away and don't come back! They don't have to answer the phone or their mail if they don't want to, that's also their right. No one has any right terrorize in our elders just because they have money and property. You never know when someone may ram in your door and you may actually have a double barrel or far worse. Putting myself in the shoes of one of them, I would definitely have a weapon candy and would shoot the first person who busted my door in no matter who it is. There would be no phone call to the cops, there wouldn't be a chance if they're already breaking your down your door and you happen to be on the phone. Your best bet is to go for the gun and use it if someone is burglarizing your home and comes to do you harm. If you only knew about predatory abuse of guardianship and how that system works, you would be doing everything to gain as much knowledge as absolutely possible and start taking steps to protect yourself. Please, go on YouTube and learn about this topic, it'll blow your mind because it's very eye-opening

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