Legal Question in Wills and Trusts in Pennsylvania
My father's father (my grandfather) died in October 2009 without a will. In August 2010 his wife (my grandmother) died, also without a will.
After my grandfather died, my grandmother was staying at her daughter's (my aunt) house and was receiving medication because she was really sick. My dad would call her and she would have no idea what day it was or what was going on and eventually a few months before she died, she would tell my dad to come get her because she claimed that she wasn't wanted there anymore. She ended up dying in her daughter's home.
During the time that was at my aunt's house and under this medication that inhibited her mentally, she signed over beneficiary accounts that had all of the children's names (my father included) on it over to the daughter that was taking care of her. My aunt is a nurse, and was well aware of the drugs she was giving and these effects they had on her, and we believe that she manipulated her into signing them over to her while she was not in a right state of mind. What would we need to be able to prove this medical incapacity and to turn the money back over to the original beneficaries, what criminal charges can be sought for her trying to manipulate her mother, and what is to be done to get the money that might have been spent back (assuming we can successfully prove the mental incapacity)?
Thank you very much for your help.
2 Answers from Attorneys
You need to engage the legal services of an estates lawyer as soon as possible to look into taking action in the Orphans' Court in the county where your grandparents resided. An estate should have been opened for each of your grandparents, and both estates had to be administered before any assets could be distributed.
During this legal proceeding, the actions taken by your aunt would be challenged and she would have to provide an accounting. A lawyer would help determine your options, including IF you have case, how to trace your grandparents' money, and how to show lack of mental capacity. These are complicated actions, so do not try this on your own.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
This is not really a criminal issue but if you believe that a crime was committed, then you need to report that to the police.
Since your grandmother had no will, there is no need for a caveat. However, the personal representative of your grandmother's estate would have to sue your aunt or else your father and the the other siblings would have to sue your aunt and seek to impose a trust on that money.
You may encounter a few problems. First, litigation is very expensive. You will need to consider how much money your grandmother possessed and whether the cost of litigation justify the cost to your father and siblings of retaining an attorney. This is not a contingency fee case so the attorney's retainer will need to be paid.
Second is the hurdle which you discussed concerning your grandmother's mental state. It is well and good to say what happened, but you will need to be able to prove it by hiring your own medical experts if case is brought. You should evaluate whether the medical evidence will indeed support your position and be prepared for your aunt to get her own medical experts to rebut this.
The third hurdle concerns your aunt's disposition of the funds. It has been over a year. Does your aunt still have the funds or can they be traced? If your aunt no longer has the funds, while you can get a judgment against here, if the funds are gone, then they are gone. There may be no way to recover the money in which case a money judgment may be a hollow victory.
However, your father needs to immediately get with a probate litigation attorney who can more specifically review this case and apprise your father as to the best course of action.
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