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Is what my Uncle is doing legal?

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What is the name of your state (only U.S. law)? CA

My Grandmother, who lived in Hawaii, had a heart attack in June of 2007. My Uncle then took her to live with him August 2007 to California. The rest of her family members live mostly in Washington State. We all talk to her weekly; me, my brother, my Mother and my two cousins. On every phone call she always stated that she is being well cared for at least 2 to 3 times and we all thought she was.

Last month my Uncle placed my Grandmother in a 24 hour facility. Grandma starts talking to us about her son spending all her money and that she has nothing left. That he stole all her jewelry. That she was forced to sign papers and doesn’t know what she signed. That she doesn’t even have enough money to get her hair done. She is now 95 years old.

My cousin just told me that his dad told him that he (my Uncle) is the only benefactor of Grandmas estate, that we can all “F” off and mind our own business, that this was HIS mother and there is nothing we can do. My cousin believes that his Dad influenced our Grandmother to sign another Will/trust leaving everything to his dad. That his Dad told him that he is also executor & that after Grandma’s heart attack (2007) his dad influenced Grandma to give him power of attorney over her estate. My Grandma‘s estate is estimated to be approximately 1 million dollars.

We believe that my Uncle is also mismanaging our Grandma’s accounts: my Uncle has no job, but has purchased a $50K SUV, touring motorcycle, remodeled his home with granite & state of the art appliances, has taken several vacations, dines out daily, who knows what else, and has been seen using Grandma’s credit cards since moving our Grandma to California.

I called my Uncle to express my concerns for my Grandmother, my main concern is her being taken care of in her final days. My Uncle was out of control in our conversation, he never once stopped yelling or cussing at me, he was crazy!! Says I have no right to question him & he doesn’t have to tell me or show me anything. No one has ever sworn or yelled at me like that ever (I’m 46). My father passed away in 2002, my Dad was my Grandmothers oldest son.
I know my Grandmother is again being influenced & possibly threatened by my Uncle now, because after the day I spoke to my Uncle, my Grandmother has told all of us to just forget about it, that nothing can be done now and she is just too old to change things.

I know my Grandmother is in much better hands at the 24 hour facility. I do not know if the will really has been changed to just benefit my Uncle. I do know that her previous wills/trusts always had her Grandchildren in it.

We, all four of her Grandchildren, do not know what recourse we have if any. Two of us can afford to fly to California for a few days, but we don’t know what we can do legally. This is all so over whelming .

Any help would be greatly appreciated.
 


curb1

Senior Member
You asked, "Is what my Uncle is doing legal?"

Most likely it is not legal, but you are going to spend some coin trying to prove it. One thing, however, it will become considerably more difficult to "fix" the situation after Grandma dies.

When , "my Grandmother has told all of us to just forget about it, that nothing can be done now", the situation becomes difficult. Especially if she is of "sound mind". You will have to prove that Uncle has inappropriately influenced Grandma.

Who is paying Grandma's bills? That could be the illegal part of this.
 
I believe our Uncle is paying her bills from her account. Grandma also said my Uncle cancelled her healthcare benefits, but now she remains quiet and doesn't want to talk about it. If he threatened her like he talked and threatened me over the phone, she has much reason to be quiet.
 

Dandy Don

Senior Member
Talk to a family law attorney to see whether it would be possible for a conservatorship to be acquired and to also find out whether your state has laws against abuse of POA.
 
I found an Attorney in California who specializes in Elderly cases and in filing conservatorships that I would like to call. Does it sound like I have a reasonable case or not? Thanks.
 

anteater

Senior Member
I found an Attorney in California who specializes in Elderly cases and in filing conservatorships that I would like to call. Does it sound like I have a reasonable case or not? Thanks.
Everything that you stated in your first may well be true. But, at this point, it is largely conjecture. Therefore, the question about having "a reasonable case" just is not one that can be answered.

Call the attorney. Call Adult Protective Services in the county in which your grandmother resides.
 

Dandy Don

Senior Member
You will want to ask your attorney about possibly getting your grandmother's mental competency tested and also find out whether POA's in your state have to provide an accounting to show how they are spending any money they withdraw to make sure it is being spent on the person's care and not on themselves.
 
I talked with the Attorney yesterday, he believes we have a great case, but he requires a large retainer fee, we just don't have that kind of cash lying around. We were really hoping he would agree to 1/3 when we won.

I also called the Orange county Social Services for the Elderly. The lady I talked with recognized other abuse signs when I told her what was happening. They will be sending out a Social Worker to investigate within ten working days.

Found out this morning from another relative that my Uncle is planning on flying his 2nd wife's two children and their complete families, and themselves on a vacation this summer and my Uncle will be paying for all of it.

I'm not sure what else I can do or where else to turn too**************...
 
My Grandmothers Brother called asking why the *ell Bill T won't take his phone calls or answer his emails and that he wants to talk with his sister. I told him that I know, and that I am sorry and give him Gram's new number.
I talk with my Grandma twice a week, we now don't bring up anything about what my Uncle has done, her care, or her having no money, I just hope she will have enough money to care for herself prior to my Uncle spending it. My Uncle and his new wife are absolutely living off my Grandmother! I asked my Uncle to see a copy of Gram's Will, he told me to F off. My Uncle has bought another brand new SUV....
Story goes, two brothers, one is very afluent, invests his mothers teaching retirement wisely in the 70's, the other son can't even hold a job ever. Mom winds up with being worth over a million, the son (first son) who got her involved in the investments dies, leaving his wife of 35 years and two children. The son who has never amounted to anything some how cons Mom to change her will in the last few years, while she's in her nineties, leaving him sole inheritor, if he dies, his new wife of 12 years, whom his mother cannot stand, will inherit her whole fortune. The will of the first son states that his inheritance of his family goes to his wife, and if his wife is not living, to his children**************..... Gram has stated many times that she knows Bill T. is a disappointment and she wants to change the will, but she was cohearsed to sign over her rights to him and now he controls everything**************.....
 

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