An uncle was concerned his primary care giver was after his money. He made sure that nieces and nephews received status of his affairs and copy of an annuity. He indicated there were additional annuities. About 4 yrs later he is declared incompetant to live on his own and placed in assisted living. During the 1 - 3 yrs before he entered assisted living, (we were told he was getting alzheimers) his savings are drained, life insurance beneficiary changed and so on. How can one quietly verify that he was not financially abused and that his care takers did not use undue influence to affect his will and financial situtation? I was told everything was left to them. I feel certain this would not have been done. I talked to him just about every day
Cases of fraud, undue influence such as yours require proof and solid evidence. It may be hard to keep it quiet to get to the real truth. What you should do is to gather all the documentation and facts and then meet with an estates litigation attorney in your area. In this face to face meeting you can determine the strength of your case and whether it makes sense to pursue it. Do this now while the facts are still fresh, as the longer you wait your chances for recovery are reduced. Do this and do it now.
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I would not worry about offending anyone with questions re: their involvement in obtaining assets from your uncle. It can be done in a caring way and anyone who is on the up and up should not be offended by being asked questions merely to protect your uncle's assets. I would think anyone who cares about your uncle would welcome your involvement with his care. In the alternative, you need to obtain "evidence" of undue influence, which may be present particularly if your uncle made changes to how his assets would be distributed, if, at the time he made the changes he would have been considered legally incompetent to make those decisions. It is unclear from your questions when your uncle made the changes. Was it when he was just getting alzheimer, or after he had had it for a number of years; and the extend to which he had alzheimer. Those are all important questions you need to know as his state of mind at the time he made beneficiary changes has bearing on his capacity to be unduly influence.
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