My Grandmother past in Nov 2011 and my aunt had POA on all her finances since 1992. My Grandmother was left over a Million dollars that year from a sister that past and my aunt took control of her money and was supposed to be investing in real estate for my grandmothers estate. At that time my Aunt and Uncle had the house they lived in to thier name and nothing else. They had a $60,000 debt do to my Grandmother as well (borrowed for down payment on new home). My mom is very trusting of her sister and never questioned anything regarding here moms finances. Come to find out after my grandmother past away, my aunt and uncle have a lot of realestate in thier names (or trust) and my Grandmother pretty much had the house she lived in to here name and no cash left. Elderly abuse? any advice?
This is a complex question. In order to assess the case it is necessary to sit down with an attorney to determine if an estate should be opened to look into these issues. Assuming an estate is opened, the estate would then seek authority from the court to investigate these issues and get authority to obtain medical records that require a HIPAA release order from the court. Once the medical records are obtained, they will need to be reviewed to determine at what point and time did Grandma possibly lose capacity. When was her estate plan created? What transfers were made with capacity and which ones lacked capacity, or were subject to undue influence? The estate can also subpoena bank records to see what transpired with Grandma’s assets. This is an expensive and time consuming project. Most attorneys will require a significant retainer to undertake this type of case.
Honestly, the first step is sit down with a qualified attorney who does asset recovery actions under NRS 41.1395 and determine if it is worth pursuing and what the costs would be to get started, such that way your family may make an informed decision about pursuing or dropping the matter.
If you are successful under NRS 41.1395, there is a provision for mandatory double damages and attorneys fees may be recovered as well.
Our firm has handed a number of cases like this. Please review our web site for information about our firm. Best of luck in your endeavors.
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