Fraud, hiding funds in dad's death

[normabellini]

Hi to whoever can give me some assistance.

Dad died en route to Florida from RI, mom was with him, she has dementia. His nephew was also with them, nephew is executor of trust, drawn in CA. I have (had) power of attorney for health care for both parents. Sister lives in FL, immediately had mom with her, we didn't have a great relationship - now we have none - and she informed me that I would never see mom again nor would I ever get any of the money ($1 million, roughly) and that she would put mom in a nursing home. I reminded her about my power of attorney and that I would take mom to live with me in CA. We both were planning to go to RI to clean out parents' apt. and for a memorial service (she refused to let there be a funeral!). She had dad cremated in FL, against my wishes (her husband works for the crematorium), since I was requesting an autopsy.

Before my arrival in RI (6 days after dad's death), sister had her daughters clean out the apartment of all files (bank accounts, investments, etc) and all jewelry (dad was a jeweler - lots of jewelry there!). I arrived, she arrived with mom, I found out about all the missing stuff, I filed a guardianship petition for mom, she and cousin objected, started slinging mud and accusations about me, still battling (this was June 06).

Have requested copies of all documents from executor (bank records, tax records, etc.). I have bank records from May 05 (since I did all parents' banking at that time) which show assets of almost $1 million yet executor gave docs to court and lawyers that show assets of only less than $500K. I have traced the missing $500k up until June 06, days before dad died.

Don't have attorneys, did have, they did nothing to help find funds, refused, wanted another $7,500 retainer as a separate case from the guardianship. They withdrew because I owed them over $25,000 and wasn't paying them fast enough (I was paying $1,000 month).

Mom is living in a dementia unit in RI with a court appointed guardian, no one visits her, I try to visit but it's tough with 3 jobs (to pay attorney bill) and being 3,000 miles away.

I have now filed to act as attorney pro se, need help and guidance with where to go next, what kind of documents to file, etc. I feel that the method and focus of attack is no longer guardianship (yet) but rather discovery of the missing funds. If I can find and prove fiduciary abuse then it should become clear that the objection to guardianship and the attack on my person is a cover-up for that fiduciary abuse.

I need ANY AND ALL HELP AND ADVICE ASAP!!

Thanks,
Bellini's opera

 

[Michael Wechsler]

Did you think of calling the police to report a theft? After all, if someone without authorization came into the house and took objects that did not belong to them, then that is theft. In fact, the amount stolen might make this a very large robbery (grand larceny.)

Perhaps you may want to first warn this relative that you don't know who took all the property of Mom and the estate. Since you are executor, you also are bound by law to do the right thing and that would be go right to the police. Hopefully, that won't be necessary but if you do, you will need to give them full disclosure and about whom you may suspect may have ransacked the home.

When you can, let the police and authorities do the work for you instead of the courts. This is especially the case when the act is criminal, not civil. This isn't a case of a contract dispute.

Good luck and I am sorry to hear about your parents. This isn't a time for the family to divide but this is far from the first time that death and money has caused such problems. My sincerest condolences to you and family...

Hi to whoever can give me some assistance.

Dad died en route to Florida from RI, mom was with him, she has dementia. His nephew was also with them, nephew is executor of trust, drawn in CA. I have (had) power of attorney for health care for both parents. Sister lives in FL, immediately had mom with her, we didn't have a great relationship - now we have none - and she informed me that I would never see mom again nor would I ever get any of the money ($1 million, roughly) and that she would put mom in a nursing home. I reminded her about my power of attorney and that I would take mom to live with me in CA. We both were planning to go to RI to clean out parents' apt. and for a memorial service (she refused to let there be a funeral!). She had dad cremated in FL, against my wishes (her husband works for the crematorium), since I was requesting an autopsy.

Before my arrival in RI (6 days after dad's death), sister had her daughters clean out the apartment of all files (bank accounts, investments, etc) and all jewelry (dad was a jeweler - lots of jewelry there!). I arrived, she arrived with mom, I found out about all the missing stuff, I filed a guardianship petition for mom, she and cousin objected, started slinging mud and accusations about me, still battling (this was June 06).

Have requested copies of all documents from executor (bank records, tax records, etc.). I have bank records from May 05 (since I did all parents' banking at that time) which show assets of almost $1 million yet executor gave docs to court and lawyers that show assets of only less than $500K. I have traced the missing $500k up until June 06, days before dad died.

Don't have attorneys, did have, they did nothing to help find funds, refused, wanted another $7,500 retainer as a separate case from the guardianship. They withdrew because I owed them over $25,000 and wasn't paying them fast enough (I was paying $1,000 month).

Mom is living in a dementia unit in RI with a court appointed guardian, no one visits her, I try to visit but it's tough with 3 jobs (to pay attorney bill) and being 3,000 miles away.

I have now filed to act as attorney pro se, need help and guidance with where to go next, what kind of documents to file, etc. I feel that the method and focus of attack is no longer guardianship (yet) but rather discovery of the missing funds. If I can find and prove fiduciary abuse then it should become clear that the objection to guardianship and the attack on my person is a cover-up for that fiduciary abuse.

I need ANY AND ALL HELP AND ADVICE ASAP!!

Thanks,
Bellini's opera

 

[seniorjudge]

Norma, this is definitely not a pro se matter.

You need a lawyer.