Skip to main content

Checking to See if Elder Relative was not Financially Abuse

Latrobe, PA |

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

+ Read More

Attorney answers 2


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.

Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thanks.
Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties in the state of Pennsylvania. He phone number is 215-735-2336 and his email address is listed below.
Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


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.

THESE COMMENTS SOULD NOT BE CONSIDERED AS LEGAL ADVICE. They are for informational purposes only. By answering this question we have not created an attorney-client relationship.

Wills and estates topics

Recommended articles about Wills and estates

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer