Marianne Sage says she and her two sisters’ concern following the death of their father was not over money.
All
of Eddie Sage’s estate will go to the care of his wife, Juanita, who is
slowly fading because of dementia in Cedar Falls, she said.
Rather,
they are bothered by what happened to Eddie’s car and some of the
treasures he kept over his 91 years: wedding rings, Navajo jewelry and
native art from when he taught on reservations, a World War II Navy
trunk and memorabilia.
They
noticed the possessions were gone after the nonprofit retirement home
in Cedar Falls where he and his wife lived recommended a for-profit
estate-sale and moving company called Caring Transitions of Northeast
Iowa.
The owner of that franchise, Kerri Shimp, said she did nothing wrong.
“Many
people were in the life of Eddie Sage over a very long time. But this
is a family that, for some reason, is targeting me,” she said.
Here
is what the sisters know: Caring Transitions was supposed to hold
a sale last fall because Juanita needed to move into memory care and
Eddie needed assisted living.
Eddie
Sage hired the company to help with his downsizing to a smaller
apartment and the sale of Eddie’s car because his daughters lived out of
state.
When
cancer caused Eddie’s health to decline quickly last November, one of
the daughters came to visit from Texas and realized items were missing.
She called Shimp and said she was told the only items that were removed
from his apartment were not of value and were donated.
Eddie died Nov. 13.
On Dec. 4, Marianne Sage called from Arizona to follow up with Shimp. She wanted to see his contract with Caring Transitions.
“Because
my father’s physical health had so declined when he hired them, we
wanted to see what services he had agreed to in the contract,” she said.
“We felt certain he would not have knowingly parted with many of his
prized possessions.”
After
weeks of correspondence and calls to Caring Transitions’ headquarters,
Shimp produced a standard contract signed by an Eddie Sage and a general
invoice suggesting an estate sale yielded $2,500.
The
invoice subtracted the company’s 40 percent fee, as well as $500 for
packing, $500 for resettling and $300 for storing Eddie’s car and
advertising its sale.
But
that invoice made no mention of a $750 check Eddie wrote the company
before his death. A handwritten note said title to his car was
transferred Dec. 7, two days after Marianne Sage called the company.
Working
through an estate lawyer, the sisters learned that the title of the
2010 Ford Focus was transferred to Shimp’s daughter. They were told it
was sold for $1,800. They say the car’s Kelley Blue Book value was
$3,800 to $5,000.
“If the car was sold for $1,800, what was the other $700 worth of sales?” Sage asked Reader's Watchdog.
“Also,
the sale price she claimed it was sold for was $1,800, while the
(Kelley) Blue Book value was $3,800 to $5,000. And why was there a $300
charge on the invoice for car storage and advertising if the car was
kept in her family?”
And
the sisters had another problem: The signature on the contract didn’t
look like his — not when he was healthy nor while he was dying, she
said.
“We
are just angry that my father was clearly taken advantage of by someone
who thought he was easy prey,” Sage wrote from Florence, Arizona.
But
Shimp said the daughters are hounding her and ignoring her lawyer’s
attempt to right one of hundreds of estate moves that she's handled.
In
March, her lawyer, John Harris of Waterloo, wrote the sisters and
offered to pay $2,000 more for Eddie’s Ford Focus or allow them to buy
it back for $1,800.
They did not take that offer and contacted police, Iowa’s attorney general and Watchdog instead.
Seniors lack protection in Iowa
The
Sage sisters’ story raises a little-known fact about Iowa law, a state
with the fourth highest percentage of residents over the age of 65 in
the country, according to 2010 census figures.
The
vast majority of U.S. states have some sort of laws that try to protect
seniors from financial exploitation, a huge and growing problem
nationally as America’s population ages.
During the 2017 legislative season,39
states and the District of Columbia introduced some sort of legislation
addressing the exploitation of elderly and vulnerable adults, according to the National Conference of State Legislatures.
Iowa
law provides some protection from relatives, caregivers and people in
positions of "trust or confidence" who financially exploit seniors.
But
it has no language, no enhanced penalties, no added fines for
businesses who take advantage of the elderly, according to NCSL and the
Iowa Attorney General's Office.
By 2030, an estimated 72 million Americans will be 65 and older — up from 40 million in 2010.
The
Attorney General's Office said it has proposed financial exploitation
legislation in 2014, but it failed. The office is considering
legislation again for next year's session.
In
the estate-sale industry, examples abound of agents who exploit or
outright steal from seniors. Some have intentionally overpriced items at
their sales, so they don’t sell.
Later, after they’ve purchased the item at a deep discount, they sell it for a healthy profit.
The
American Society of Estate Liquidators trains estate-sale agents and
guides them on avoiding conflicts of interest, such as buying items at
sales they run.
But no Iowa law requires minimum standards for those who run estate sales or requires them to enter a bond to be in business.
The upshot: Iowans’ protections are only as good as their contracts.
Caring
Transitions of Northeast Iowa's standard contract says plainly the
prices of items sold will be determined by the company, that the client
pays for the cost of the sale and the company will remit the net
proceeds within 14 days. Itemization of items sold at sale costs extra.
Perhaps that is why the sisters’ pleas to Iowa’s Attorney General and police yielded nothing.
Business owner: I’m being hounded
When Watchdog contacted Shimp, she said she was with her daughter, who was receiving treatment at the Mayo Clinic.
She
said the company never came across any jewelry, that Eddie’s $750 check
went toward his move, and that his car, with 91,000 miles, was only
worth $1,800.
She
said her national company’s corporate office has been trying to help
her resolve the matter. But the sisters have been trying to stain her
reputation.
“I’m not interested in feeding into their smearing of me and my national company,” she said.
She also said she was not trained by a national association.
“I
am following the rules with my company. I don’t have to share my
franchise contract,” she said. “People can say there are standards and
rules, but it’s not a regulated industry.”
Shimp
said any number of people could have taken Eddie’s jewelry and the
other items, or he could have given them away. She questioned how the
daughters could know what he did, since they lived out of state.
When
asked about the $300 charge to store the car and advertise its sale,
she said she advertised the Focus for sale at the Cedar Falls nursing
home with which she has a relationship.
That charge, she said, was the price for her doing business.
“I’ve
been in this business six years and never had this situation before,”
she said. “I have hundreds of clients who would say the complete
opposite.”
But Shimp also said the sisters can have the Ford Focus if they wanted it.
“If they want the car back, just give them the car back. Whatever,” she said.
Sage said she and her sisters didn't want the car and didn't want the money. They wanted answers and accountability.
Lee
Rood's Reader's Watchdog column helps Iowans get answers and
accountability from public officials, the justice system,
businesses and nonprofits. Contact her at lrood@dmreg.com, 515-284-8549
on Twitter @leerood or at Facebook.com/readerswatchdog.Full Article & Source:
What protections do seniors have when an estate sale goes wrong? Not many.
Really not any protections when it comes down to it.
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