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Is a pattern like this enough to prove Undue Influence, Exploitation, or something else?

Toms River, NJ |

My father had Alzheimers , was a senior , & my sister's husband stole his identity . My sister denies involvement . My grandmother was ill and a senior . She alleges my sister convinced her to give her thousands . She also alleges that my sister stole from her . When my grandmother took back her finances , my sister never spoke to her again . I am a disabled adult . My sister cried about hard luck to me so I paid thousands for vacations for her , Christmas gifts for her son from " Santa " , food , and clothes . When I told her I was having rough financial times , she hasn't spoken to me since . Now she's getting thousands from our mom ( senior ) . My mom doesn't believe that my sister is conning her too . If I pressed charges for me , would the pattern of her senior / disabled cons help me ?

My sister also borrowed $15,000 from my aunt who is a senior and never paid it back nor spoke to my aunt again. My sister's husband has a severe gambling problem and that's why I believe that she and her husband try to con family members. Nobody ever pressed charges because they didn't want her son to be hurt. More info in comment under Mr. Potter's reply.

Attorney Answers 3


  1. Best answer

    The facts as you lay them out appear to be Elder Abuse and possibly Fraud. I'd immediately seek the advice of a New Jersey-licensed Estate Planning or Elder Law attorney and if necessary the State Attorney General's office - Elder Abuse task force. Good Luck!


  2. I agree with Attorney Potter that the facts as you describe them might be fraud. Please consult an experienced attorney in your area. Avvo is a good place to find one.

    This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client relationship. For more information, please visit www.justinelderlaw.com.


  3. This could be considered elder abuse and/or undue influence but it becomes more complicated in family situations and whether you or the other family members had capacity to consent. You may want to consider contacting Adult Protective Services to protect your mother. You should also consult with an Elder Law Attorney in New Jersey. Ingrid M. Evans, www.evanslaw.com, California

    The information provided on this website by my answer to this question does not constitute legal advice. This website is not intended to create an attorney-client relationship between you and The Evans Law Firm or any of its attorneys. An attorney-client relationship is not created except when the prospective client and the Evans Law Firm enter into a written, contractual agreement for representation. Inquiries and responses by email do not constitute an attorney-client relationship. You should not rely on the information provided on the website without seeking the advice of an attorney licensed to practice in law in your state. Further, the information on this website is not guaranteed to be accurate, correct, complete, or up to date and does not necessarily reflect the opinions of The Evans Law Firm or any of its attorneys. For more information about The Evans Law Firm, please see www.evanslaw.com.

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