What would you do if a sibling raided your parent's estate?
With the knowledge that the raiding sibling has violated law to enrich themselves, what would you do? Many people never report this illegal deed and it is committed very often. What would you do in this situation?
I would press charges, they are stealing form the parents wishes and the rest of the family. If they are going to think that little of us to cheat us then I can easily press charges.
Make sure you have documentation that shows parents did not authorize transactions. Even if parents show signs of impairment, but have no diagnosis, and signed documents authorizing transactions, it's hard to contest.
People try to circumvent probate but probate is critical for accountability. Unfortunately, it is very costly to get recompensed for theft. All siblings should be involved in the life of parents. When they aren't, raiding is easy. Is the amount of the theft worth paying a retainer, gathering evidence, coordinating with other siblings, watching the total legal fees skyrocket while everyone requests a delay. One day in court could easily be $1000.
All sibling are involved, I guess raiding is easy for those who are simply criminal minded. The sums involved exceed a couple hundred thousand. It's a terrible situation.
Do the parents have diminished mental capacity? Are the raiders acting under a power of atty or court apptd guardianship? I went through this as a guardian about 10 years ago. My questions are based on personal experience.
The parent had Alzheimer's, there was no will. I told her to call police & medicare, no one will do anything. In our state everything by law is divided equally after bills are paid yet, well over six figures was moved just before the parent died.
There should be a probate when a person dies. W/ parents having Alz, there should be a guardian/person handling finances. They are suppose to give a financial accounting each year of where the money goes. Judge should be overseeing thata.
There was an initiation of oversight but the thief quickly stole well over 6 figures in cash the day before their parent died and before the conservatorship was complete. I would be absolutely out of my mind if my siblings did this.
If it was the day before the parent died, what was the medical state of the person the day before the death: coma, not in control of faculties, etc. That could be proven in court that it was under duress
The parent had Alzheimer's for years & a host of other ailments. Because of this, my first reaction was to tell the victim sibling that if they're up to it, their thieving sibling is open to prosecution and/or arrest.
If you have evidence of it, you can involve a lawyer.
If the parent is on Medicaid and the sibling is artificially impoverishing the parent to get the house or property themselves, you can call Medicaid about the fraud and receive some money as the reporting party.
If the parent has died, you can use evidence of the theft to challenge the will and offset what the other person otherwise receives.
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