What can I do to stop my brothers from commiting fraud against my mother?

2 answers | Last updated: Nov 06, 2014
Joeabrooks asked...

Two of my brothers recentlhy committed fraud against my mother. They went to the auditors office and quickly claimed her properties against her will. She is not dead or dying. They are also defrauding the bank trying to get a mortgage on these properties. What can I do to stop this?

Expert Answers

Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

Unless your brothers have a power of attorney authorizing them to sign your mother’s name to transfer ownership from her to their own names, they aren’t likely to be able to get a loan.

But if they did deed the properties to themselves, your mother needs to act quickly. She can file a legal notice called a “lis pendens” that acts as a warning that there is a dispute involving ownership or other rights to that property. It’s unlikely that any lender would give someone a mortgage if a lis pendens has been recorded.

To get a lis pendens, though, she will need to file a petition with the local court, and that will probably require that she hire an experienced lawyer for help.

Because your brothers' actions may qualify as financial elder abuse, your mother may be able to find free or low-cost legal help or at least referrals to experiences lawyers through targeted state or county services. Begin with an Internet search of "financial elder abuse" and your mother's county or state.

Community Answers

Cathrn answered...

I've been through this, and my parents were in between being senile yet still able to 'fool people' into believing they weren't. They could't make a decision themselves yet when I explained to them that my sisters were using them and taking everything, they wouldn't believe me, and tried even harder to protect the guilty. I usually say what I mean and mean what I say, I don't know how to be sneaky like my sisters were, Being an RN you learn to be a certain way and when you see people being used, it's almost unfathomable.

They took my executor of their estate, took power of attorney, and talked my parents into believing I was some evil person, all while I was in the hospital trying to get help from caregivers burnout that caused me bleeding ulcers, thyroid disease, and a broken foot I hadn't taken care of because my parents even made me believe it wasn't as bad as they were and they needed me more than I needed to get my foot fixed.

I see how stupid I was now, but when you are a giving person , never wanting anything in return, it is a shock that your own family can turn against you and label you the monster when everyone else is. I know this is no help for your situation but just know you're not alone, and it doesn't make you the bad guy or mean to go get legal help, it's actually imminent, people like that don't someday see the error of their ways and make things right like you'd think God would make happen. Instead he put us here to go fix it ourselves. God Bless you and listen to these experts, they have heard it all and know what they're doing.