Those who mishandle funds often face only civil challenge
Texas law calls stealing from a dead person's estate "misapplication of fiduciary property." Probate Judge Tom Rickhoff calls it plain old theft. He says he has referred dozens of potential cases to prosecutors.
"The culture here was that all the civil lawyers thought every dispute about where money went is a civil matter that should be resolved in a lawsuit."
"It was clear to me that if you take a diamond ring and give it to someone (else), you stole the diamond ring."
"It is without authority, you just stole someone else's property."
However, an Austin American-Statesman review of Texas probate system has found that people accused of the crime are seldom investigated by law enforcement. And according to probate lawyers, judges and prosecutors from across Texas, indictments and arrests are rare.
Dallas probate lawyer David Pyke said estate cases are handled in civil court almost 100 percent of the time. "They put the person you are suing in jail, which may be a good thing for society, but doesn't get you any money. They can't make money in jail."
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Fighting the touchy battle of estate theft
Texas law calls stealing from a dead person's estate "misapplication of fiduciary property." Probate Judge Tom Rickhoff calls it plain old theft. He says he has referred dozens of potential cases to prosecutors.
"The culture here was that all the civil lawyers thought every dispute about where money went is a civil matter that should be resolved in a lawsuit."
"It was clear to me that if you take a diamond ring and give it to someone (else), you stole the diamond ring."
"It is without authority, you just stole someone else's property."
However, an Austin American-Statesman review of Texas probate system has found that people accused of the crime are seldom investigated by law enforcement. And according to probate lawyers, judges and prosecutors from across Texas, indictments and arrests are rare.
Dallas probate lawyer David Pyke said estate cases are handled in civil court almost 100 percent of the time. "They put the person you are suing in jail, which may be a good thing for society, but doesn't get you any money. They can't make money in jail."
Full Article and Source:
Fighting the touchy battle of estate theft
This issue of criminal theft of estates that is revealed through probate or civil courts but not pursued criminally, has been the common course of practice for many years- and without valid reason.
ReplyDeleteNotice the qoute by the attorney at the end of the article...you cannot recover your money if the culprit goes to jail.....The truth is that if a civil attorney refers an obvious criminal case to law enforcement, it is possible that a law enforcement investigation could actually cut into the attorney's fees. This is not just my opinion but my experience throughout my career.
I believe that the sign of a good attorney is the attorney's recommendation that the matter ALSO be referred to law enforcement.
Joecitizen, you mentioned your career, are you an attorney? AN HONEST ONE?
ReplyDeleteGolly, the world could use a few of those.
Theft is theft, but theft involving probate court is ignored. We contacted the Illinois Attorney General's office with our problem only to be told, "Hire an attorney".
No I am not an attorney and I apologize for not identifying myself, anonymous. I am Joe Roubicek (wrote Financial Abuse Of The Elderly; A Detective’s Case Files Of Exploitation Crimes) and I have investigated elderly exploitation crimes for many years as a detective.
ReplyDeleteAlthough there are “good attorneys,” unsung heroes who have prioritized the elderly over the almighty dollar, there are also those who do not. (And I know that you are well aware of that.) Throughout my career I have had many cases where the civil attorneys discouraged clients and family from reporting elderly crimes to law enforcement, using the threat that stolen assets would be lost forever as a result.
I have had “reputable” financial institutions with guardianship control over an elders assets NOT report exploitation and abuse by hired caretakers, but simply replace the caretakers, out of fear of losing control of the victims assets (which they churned day trading on the NYSE).
I have had also had attorneys try to interfere with exploitation investigations against very wealthy victims who do not have capacity, in my opinion- in fear of losing control of enormous estates. These incidents go all the way back to 1989 so many are outdated, but you get my point.
This is why I am always a strong advocate of serious regulatory bodies that provide independent oversight to the administration of an elders assets at all times. I believe that there is nothing wrong with referring “a look” at all claims of abuse, even when the claim may appear frivolous, simply to provide integrity to the system… and that includes claims of impropriety in probate court.
(Did I just write another book?)
In many cases, the plaintiff spends more money on attorney fees and court costs and has to chase the defendant to try to collect their judgment.
ReplyDeleteAnd, if the defendant does not have any assets, or if he files for bankruptcy or simply leaves the jurisdiction, good luck!
An Estate Attorney said: The true test of one's character is guardianship and estate cases.
And, Who was it that said: crime doesn't pay?
Joecitizen, you have a lot to say; we want to hear it all; you are a wealth of information.
ReplyDeleteI think what you have seen during your career in your jurisdiction is a shameful example of how low lawyers and other unethical individuals in positions of trust will go to cover-up criminal activities all in the name of hanging on to the almighty dollar, all in the name of GREED.
I believe this is a national disgrace and it sickens me that all of us are potential victims and the majority of people have a false sense of security.
Have you testified before the US Senate Special Committee on Aging? I think the Senators and the world must hear from people like you, who have been in the trenches and know, personally, what dangers and preadators are laying in wait for us.
My mother is a victim of a fraudulent conservatorship here in Los Angeles by a greedy, desperate, and spiteful daughter (and her husband) who used the county of Los Angeles and the US Postal Inspector to steal the freedom and liquidate the $2.3 million estate of our 84-year old mother. My sister used terrorism, isolation, harassment, and fraud.
ReplyDeleteMy sister’s inability to form a positive relationship with either parent has caused her to inherit nothing from their estates. Rather than mend those relationships, she and her husband chose instead to abuse her surviving parent in the manner described below.
* Deprived her of food and water.
* Had her heat and electricity turned off.
* Stole her car keys and locked her out of her own garage, to ensure that she couldn’t leave to buy food or go for help.
* Took the spare keys hidden for emergencies, which had never been lost or missing for over 30 years, and used them to break into her apartment, where, since August 2006, they began to take her legal papers, deed to her home, keys, drivers’ license, address book, jewelry, credit cards, records, and family items.
* Installed microphones in her smoke detectors and light switches to listen in on her phone calls for help.
* Stole the keys to the apartment next door to listen in through openings they made in the wall.
* Used her address book to contact all her friends and relatives to claim she was insane, and to ignore any pleas she made for help.
* Made annoying prank phone calls to her neighbors, so they’d believe that she made them herself.
* Called her at all hours of the day and night just to harass her. Once she answered the phone, they would either hang up or remain silent while they watched TV or typed on a computer keyboard. She knew that these calls were from her daughter and the husband, because she recognized those same background sounds during “normal” calls from them.
* Had her mail forwarded to them, including the phone bills, which is why she had to change her phone number three times in two months to stop these calls, yet they continued.
* Dismantled her gas stove, in hopes she’d ignite it and be killed or injured by the explosion.
* Replaced her mouthwash with industrial cleaner of the same color, in hopes she’d poison herself.
This abuse had the desired effect. Everyone began to treat my mother as if she was insane and all of the above was her fantasy. I submit that even the sanest among us would begin to exhibit strange behavior after being subjected to months of this torture.
Before this abuse began, my mother had a job, drove her own car, and managed a 6-unit apartment complex in Hollywood. Now, she's in grave physical and emotional danger.
Social Services came at my sister’s request, found my mother living in the squalor caused by my sister, and took my mother away. She now lives an assisted living facility in Pasadena, where my sister does not visit or care for her. I could have helped, but my sister lied to the courts about my whereabouts so I could not object to the conservatorship, kept me in the dark regarding my mother’s condition, and had her lawyer lie in court about making failed attempts to find me.
My sister moved quickly to milk my mother’s estate. She enforced the conservatorship within days of removing my mother, and sold the apartment complex without my mother’s agreement. My sister has thus far billed over $160K to the estate, including $40K per year in questionable charges and fees. My mother knows everything that’s going on but can’t find anyone to help. The legal system has thus far protected my sister and allowed her to continue to steal from my mother.
This story needs to be told. All elderly people must hear it, especially those who don’t believe that their own children could treat them in such a way. This account is fully documented. My mother is totally competent and is able to describe how her daughter stole her freedom and assets. All that remains is for someone to listen and bring it to the public. This nightmare is still going on today.
Robert
Son
What can I do and who can help? I've spent over $30k in legal fees for lawyers that don't seem to be able to stop it...
Sue,
ReplyDeleteThank you for the compliment and your opinions. :)
No I have not testified before the US Senate Special Committee on Aging, but if I did I think that I would stress that these issues are not as complicated and deluded as many claim, and use my practical experiences over the years to demonstrate this. But my practical experience would be the only weapon against the "experts" who would claim that "it's not that simple."
I am enjoying this group and having the opportunity to post my opinions here though. :)
Experts? Oh, sure, the self-proclaimed individuals that are self-centered, sitting at their desks reading reports, spreadsheets and statistics?
ReplyDeleteWho decides who the "experts" are and on what basis?
What do they really know about how it is on the streets and behind closed doors?
All the Experts know is what "select" others submit to them? And, I fear a lot of important information to support the other side, is disregarded and disgarded and disposed of; the truth is manipulated to their advantage on their position.
Buzz words: Complicated, complex. Lawyers use these terms frequently to try to justify over billing, which in truth is fraudulent billing.
This can be applied to our legislators as a way out of responsibility to fix a problem; words that give them a quick exit.
We, the people, do not want experts testifying on our behalf at any Senate hearing when those who are victims and those who are and have been in the trenches are not on the invited list :-).
Robert, your mother's abusive guuardianship situation is criminal.
ReplyDeleteThis sounds like this is happening in an underdeveloped, uncivilized, 3rd world country.
Mere words cannot express the deep sorrow that I feel for the pain your mother and you are feeling when I read your words.
Please go to the NASGA website at: www.stopguardianabuse.org there is a link to send an e-mail.