Brothers Commit Financial Elder Abuse Against Family Members


. By Heidi Turner

Joyce D. (not her real name) is the victim of financial elder abuse at the hands of her two brothers, both of whom she says also victimized her mother. Jocye said people tell her that her brothers broke the financial elder abuse law; she is concerned that she may never see her share of a house she loved.

Joyce says that she was a part owner of the house that she lived in with her mother. Her mother also gave her a third of the home in her will. However, according to Joyce, who is 72 years old, her older brother had the will changed to a trust and had the deed to the house changed, essentially naming her a renter in the house rather than an owner. The reason he did so? Joyce says it was to avoid paying back the state of California $44,000 in medical bills.

"My brother likes to control people and he controlled my mother," Joyce says. "He denied her things when she was alive. He applied for medical aid for her in another county and, because he did not want to pay the money back, he said my mother had a disabled child living at home. That was me he was talking about and there is nothing wrong with me. He's committing fraud by saying that I'm disabled.

"My brothers took control of my third of the property. My mother was 87 years old. She had Parkinson's disease and they twisted things around so she would change her trust. Then, they sold the property out from underneath me. They sold my share and are trying to charge me for surcharges—but I wasn't a renter, I was an owner."

Joyce says that her brother managed to do this by having himself listed as an owner on the deed for the house. He then backdated that deed to make it appear that he owned the house since the 70s and simply rented the house to Joyce—but Joyce says her brother did not own the house and she was never a renter there.

"I want my house back. I was left that house. I lived in it and I made payments on it. I took care of my mother in that house because it was my responsibility to do so. Instead, my brothers made themselves my trustees to protect me, but I don't need protecting. They made that up.

"My older brother put judgments on my credit—he ruined and destroyed me financially. I can't get a loan and it's hard to find a place to rent because they want to look at your credit. My brother even took a loan out on the property and then used that for himself. He denied my mother clothing and other things and didn't follow her directions in the will. He let the state take care of her and didn't want to pay the state back, so he used me in a scam to avoid it.

"When I tried to take it to court, they had the court case moved to a different county so it would be difficult for me to get to. I couldn't get to one of the courtrooms because I had to climb 17 stairs and I can't do it. I can't travel all over the place for these court cases.

"I made payments in the house with my mother and I took care of her when she was sick. My mother intended for me to have a share in the house and she put that in her trust, but they changed it and made it irrevocable. It's financial elder abuse. They have no compassion and no caring. They walked all over me.

"My mother trusted me but didn't trust my older brother because he always tried to brainwash her. He wasn't able to at first, but as she got older she didn't know what she was doing any more.

"I would tell elderly people to not give complete control of your affairs to your children. Hold on to something for yourself. This is a case of financial elder abuse and I want justice."


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