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Elder law

Hi, my mom is 92, she early stages of dementia. There are 2 other brothers, one who has slowly taken over paying her bills, collecting her rents, signing her checks. She has him lined up to be appointed as executor to her estate, but that doesn't take place until she passes away correct? She is still living, she never said he is power of attorney. He has gotten her to put his name on all her bank accounts and slowly he has taken control of all her finances, he collects rents, pays her bills, signs her checks etc. Now he has taken all her check books away from her, all her credit cards are in his possession, he has her bank statements going to his girlfriends house so she don't know what she has in the banks. Doesn't he need a legal document stating that he has power of attorney? I have seen receipts where he has purchased things for himself with her credit cards. How do my other brother and I keep my brother that is taking from my mom from being the executor to the estate and get him out of the role he has taken upon himself to perform for my mom. Should I ask him to see the document of him being power of attorney, I know for a fact that he doesn't have one? we don't want him abusing my moms trust and ripping me and my brother out of our future inheritance. I question him but he tells me nothing about what is going on with my moms estate, everything is a big secret with him. He has even called the police on me trying to get me arrested so I am not around to question him on anything.
Asked in CA May 18, 2022
Tag: 

# 2,863

My 85 year old father was an apparent victim of elder financial abuse and a real estate scam by a female real estate agent who was living in Sacramento, California at the time, and her 45 year old daughter who was living in Maui. My father was also living in Sacramento at the time he was subject to the financial abuse and scam by these two perpetrators.

To accomplish their scam and acquire the property, the California real estate agent and her 45 year daughter, persuaded a Hawaii real estate agent, mortgage broker, and Title Company escrow officer to process the loan by merely telling them over the telephone that she was my father�s �significant other,� (which was untrue), a licensed real estate agent in California, and my father couldn�t hear over the telephone, so they should run the entire transaction through her. None of the agents, officers, or their companies ever secured anything in writing from my sick and elderly father giving his consent or authorization to allow any third party individual to act in his best interest in processing a loan in his name.

The Maui Real Estate agency, and mortgage and Title Company is Maui not only received and transmitted my father�s private, confidential financial and personal information through the third party California agent, but they used the California agent�s daughter as the attorney in fact to sign the closing documents- a violation of the lending policies of Fannie Mae, the entity which funded the loan. In return for her �assistance� in helping the Maui agents in processing the loan, they helped the California agent get her name on Title to my father�s property by drafting a new deed for her to persuade my unsuspecting father to sign. Although my father became responsible for paying the mortgage, the California Agent and her daughter confiscated and moved into the property because the Cailfornia real estate agent had her name on Title as 50% owner. The two of them acquired the keys from the Maui real estate company, moved into the house and continue to live there without paying rent or any portion of the mortgage as my father experienced complete financial ruin unable to pay the mortgage.

My question is, what would be the proper jurisdiction and venue in which to file a lawsuit for elder abuse and real estate fraud against the California Real Estate agent, her daughter, as well as the real estate company, mortgage company, and Title Companies in Maui? Although the companies were located in Maui, they are nationwide companies with their head offices located here on the mainland?

Asked in CA May 18, 2022
Tag: 

# 2,869

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