Q: My brother, who has had financial difficulties, is in charge of all my mother's cyberbanking because she has dementia. He refuses to share whatever information with me, just I've plant out that he is living off her money. My mother has no idea and certainly wouldn't approve of his deportment if she did. It seems every bit though my brother has figured out the perfect offense. Please tell me how to stop him from stealing what should be our inheritance afterward she dies.

A: My estate planning attorney, Janet Dobrovolny, says your recourse depends on your brother'due south official office in treatment your female parent's finances. If he has been legally appointed to serve every bit her conservator or guardian, he's required to fill out a detailed report on how he used the money.
Yous can contact the court and file a complaint challenging his direction; almost probate courts take investigators who will wait into questionable beliefs.

If your blood brother is accessing your female parent'south funds through financial ability of attorney, you have a tougher task. Starting time, y'all need to go before the probate court and petition to become your female parent's conservator. Once you've been appointed, you demand to sue your blood brother for fraud to get a proper investigation into what he'south washed with the money and to make the case that he should lose his authority. Hiring a lawyer and paying courtroom fees could cost about $xx,000, and unfortunately, there's no guarantee you will ever be able to recoup your female parent's assets.

I want people to understand that they tin forestall this from happening past making sure they have a revocable living trust with an incapacity clause. With this document, it's a straightforward process to file a petition with the courts to request an accounting of how the successor trustee is spending the money and, if crusade is determined, to ask the courtroom to remove him or her. In cases of financial elderberry abuse, a trustee who is found to have misused funds can be made to pay damages.

Y'all might spend $2,500 or so to have a qualified manor attorney draw upward trust documents for yous. Compared with the stress of trying to undo the devastation that can occur when y'all don't have the trust in place, this seems like a good investment to me. Enquire friends for attorney recommendations, or get some leads at the website of the National Academy of Elder Law Attorneys (NAELA.org).

From the September 2008 issue of O, The Oprah Mag

Please note: This is full general information and is non intended to be legal communication. You should consult with your own fiscal counselor before making any major financial decisions, including investments or changes to your portfolio, and a qualified legal professional earlier executing any legal documents or taking whatever legal action. Harpo Productions, Inc., OWN: Oprah Winfrey Network, Discovery Communications LLC and their affiliated companies and entities are not responsible for whatever losses, damages or claims that may result from your fiscal or legal decisions.