Misuse of elder funds

[Sam Pedmont]

Jurisdiction

Kansas

Father is 94 with Alzheimers, son was caregiver for 3 years and passed away unexpectantly. It was discovered son took $250,000 dollars from father to pay his bills and debts. Can father recover some of his $250,000 son took for personal use from a revocable trust the son has?

 

[adjusterjack]

You need a trust attorney to review the terms of the trust and the actions of the son.

 

[army judge]

Can father recover some of his $250,000 son took for personal use from a revocable trust the son has?

If the thief, the victim's son is deceased, from whom do you think the victim could collect the pilfered $250K?

 

[zddoodah]

Can father recover some of his $250,000 son took for personal use from a revocable trust the son has?

We have no way of knowing. Does the son's estate and/or the revocable trust (which presumably has become irrevocable following his death) have a net worth of at least $250k? How long ago did the son die? Has anyone spoken with the executor of the son's estate and/or the trustee of the trust about this?

Whoever has power of attorney for the father should consult with a local attorney for advice.