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Theft by deception?

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LovesPigs

New member
Ohio
My husband has recently passed away with no will. He was diagnosed with stage 4 lung cancer with Mets to brain, bone and other organs in March of 2018. In June he had brain surgery, in July he also had brain surgery... he was in and out of the hospital multiple times in 2018 for various things. Pulmonary embolism, collapsed lung, complications due to chemo ect. My husband was a self employed Locksmith for over 20 years before he became sick...he didn’t have a brick and mortar, he was mobile only, so his work van was his “shop” he became unable to drive so his brother and himself went on calls together and his brother drove the workvan. The workvan broke down and we didn’t have the money to repair it due to him not making a whole lot of money so he and his brother just used the brother’s car to do calls. Then a month later the brother goes out and buys a van at his own expense, telling my husband “oh, when your gone, I’m gonna do locksmithing myself. At this point everything we owned that was previously on my husband’s van, was now on the brothers van so they could do work. A couple weeks later my husband was hospitalized and was on multiple pain meds, Ativan ect. His brother came to the hospital with papers he had drawn up stating that all of the equipment and my husband’s business was to be given to him for the purchase price of 3.00! Yes..... three dollars. He had a nurse witness it, and my 19 year old daughter was there by herself, and he threatened her into signing the papers. As soon as my husband got out of the hospital he told his brother he wanted all his stuff back and he didn’t want anything to do with him ever again.... well the brother refused and my husband passed away Jan 21st 2019 and his brother still has all of my husband’s things. My husband and I were married for 30 years......isn’t what the brother did theft by deception?
 


Zigner

Senior Member, Non-Attorney
My condolences for your loss.

This is not theft by deception, but it could be looked at as your husband not having the capacity to sign if he was so medicated that he didn't understand what he was doing. The fact that a nurse was the witness may work against you, because it could be presumed that a nurse would known the signs of incapacitation due to the the meds. I don't know how much all this is worth, but you (as the representative of his estate) may wish to hire an attorney to at least look at the matter.
 

Ohiogal

Queen Bee
What reasoning was your adult daughter's signature needed? Or even requested? She didn't own the stuff.
 

Dandy Don

Senior Member
Not theft by deception but definitely theft.

You can discuss this with an attorney first and then decide whether you need to file a report of theft with the police and/or mail him a certified letter that explains you are asking for the vehicle and tools to be returned within 2 days, or else you are going to the police. The document is virtually worthless, although he is perhaps too stupid to realize that.
 

quincy

Senior Member
It is possible that husband and brother had agreed to the husband signing the business over to the brother prior to the husband's hospitalization and the brother solidified their agreement by putting it in writing and having it signed.

It sounds as if the brother was helping the husband keep his business running and helping the husband earn a living he otherwise might not be able to earn, by providing a vehicle for the business (at his own expense) and driving the husband to work sites.

The brother does not sound like an opportunist to me.

That said, just as it could be possible that medications in the hospital affected the husband to the extent he was not mentally competent to sign over his property to his brother, it also could be possible that medications and the disease progression affected the husband's memory of his agreement with his brother after his release from the hospital.

I see no theft in what has been described. I see an agreement between two brothers that was witnessed and signed by a neutral third party. I have no clue what the daughter's involvement is.

An Ohio attorney can be contacted to personally review all facts.
 

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