My mother who lives in another city in Texas is being exploited and embezzled from. She has a lot of money and it is disappearing quickly from her estate. Obvious actions happening, who do I report something I know is happening? I would like to take this straight to the top, FBI or Texas Attorney General. Is this an option?
Adult Protective Services is who you report it to. In some of our larger counties, specific attorneys in the district attorney's office are assigned to crimes against the elderly, but even they work very closely with APS and get the agency involved as soon as is practical.
But I have to agree with Mr. Fromm. Why be content to sit back and blow the whistle? If you make a report, APS will investigate it, but you may not be happy with the conclusion. If you report the incidents to law enforcement, you may not be happy with the attention devoted to your mother's well-being.
If this is at all important to you, take some charge of the situation. Find an attorney near your mother with experience in guardianship and guardianship litigation. You have the opportunity to halt wrongdoing just as much as APS or anyone else.
This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make no attempt to opine on matters of law that are not relevant to Texas. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship.
Why not get control of the situation. You should meet with an estates litigation or elder law attorney to bring a petition before the court to get named as her conservator/guardian. This way you can stop the losses. You should also discuss with this attorney how you may recover the losses to date. The other methods you mention may result in criminal charges but may not get you as much money or control of this problem.
If 5 years have passed, you really have not responded timely to this problem. At this point, there is no other recourse but for you to retain an estates attorney to try to salvage this situation. You have not heeded some of the warning signs of trouble and possibly fraud and theft here, so you need to know that you must act now. Retain an estate litigation immediately. Do this NOW!
Hope this helps. Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is firstname.lastname@example.org . For further tax advice visit his website at www.sjfpc.com . and blog at >
LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is email@example.com , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> 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.