I placed a question here close to one year ago, at that time a younger brother had kidnapped my elderly father, age 88. He absconded to the state of Utah, we did everything humanly possible to stop his illegal removal from an Alzheimer's facility, no authorities would help because it was a family member involved in the abduction and also removing all his bank accounts. To make a long story somewhat shorter, after five months my father was returned to Ohio and without knowledge to the rest of the family, dropped in an Alzheimer's facility over 60 miles from his original home. In the meantime my brother sold his home, changed the will to leave everything to him. The family was notified of his whereabouts just 2 hours before he was to be cremated, as he had passed away at said facility of an infection brought on by complications of a knee replacement my brother had forced him to have while in Utah (possibly so he could not come home on his own?)
We have contacted more than one attorney and most want between $5-$10,000 to handle this case. My question is basically, why do I need to sue when laws were broken, basic kidnapping, taking control of money and selling the home of an elderly person suffering from dementia and Alzheimer's? Where do I turn? Law enforcement doesn't deal with elder law, any answers or opinions?
P.S. this brother also tried to legally stop our family from having a memorial service for my father who served in the Navy in WW 2, but we gave him a military burial and 21 gun salute, despite my (no longer considered my brother) efforts. A Happy New Year to all !
Is it worth it? Not just the financial cost, but your wellbeing and peace of mind. Your dad must have been well cared for or authorities would have removed him. Dad may have even told authorities that he wanted to be with your brother. Did the brother have Dad's POA's? Dad needed the knee surgery or the doc would not have performed it and insurance would not have paid it.
The opposite of love is not hate, it is indifference. When you reach the point of refusing to let that evil one control your emotions, then you start winning. He won't be shortening your candle anymore.
I chose to rest in the knowledge that the Lord above is keeping a record of our works in His great Book of Life. Come Judgement Day, I know that He will be just. There are so many who took advantage of my mthr, but they will have their due.
Elder lawyers DO deal with elder abuse, including suing caregivers (your estranged brother?) and nursing homes but litigation of any sort is very, very expensive.
You do not note whether your estranged brother was appointed agent under a Medical or Durable [Financial] Power of Attorney. If he was, he may have had legal authority to take some of the actions you mentioned.
Now that your father is gone, his Will must be submitted to a court for probate. If (1) you have evidence that it was altered while he suffered from dementia (undue influence is almost impossible to prove) and (2) know that you would net enough after the cost of the suit and any reimbursement due Medicaid (lMedicaid Estate Recovery Program laws vary from state to state) and (3) have the money, you can consider suing. An initial retainer of $5-10,000 is just that: you should expect to pay more as costs mount or see the court release the lawyer from the obligation to continue representing you.
It might be worthwhile to organize the facts and ask a few attorneys to each spend an hour or so evaluating the situation with you before going forward -- if you do.
No family EVER feels "whole" after someone dies and the estate is distributed. You have suffered a great loss, for which I am sorry. Going after your brother--well, only you can make that call. You've gotten good advice. Sometimes it's better to walk away with your head held high and let it go.
In truth, our parents "OWE" us nothing when they die.
What I see from reading the post is a lot of allegations, a lot of hostility, and anger. There also seem to be many suppositions; if you have documentation to support these conclusions, that's a different story.
But if I were someone you were asking for help, I would ask you to bring in ALL the documentation you have to support the allegations, then I'd go through it.
Otherwise, it seems as though you're drawing conclusions without supporting evidence.
Again, I write this to hopefully shed some light on why you haven't gotten help, not to further upset you.
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