Legal Question in Elder Law in Texas

Mis-use of a seniors bank accounts

My brother has taken a large sum of money (separate transactions) from my mother's bank accounts over the last 10 months. My mother cannot remember giving him any large sums of money but can remember him taking her to the bank. He changed the address on the statements to his address. After I notified the bank, they sent me copies of the statements and her entire savings has been transfered to her entire checking and the money withdrawn. Her CD has been closed out and most of the money in her checking is gone. She is on a fix SS income. Is there any legal action I can take on his actions? I am on these accounts as a joint owner. If I find that she didn't fill out the withdrawl slips, etc. are there different legal steps?


Asked on 10/03/00, 11:52 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Mis-use of a seniors bank accounts

Contact the police immediately. Fraud against senior citizens, even by family members, is a crime.

You should also contact a good civil lawyer who can follow the money trail and recoup the money from the brother. You need to do this quickly so that a judge can impose a "constructive trust" on all his assets and keep him from wasting any more of your mother's money.

See the web site at www.nursing-home-abuse.com (a Texas-specific site). Or come to my web site at www.nursing-home-abuse.net

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Answered on 11/01/00, 9:09 am


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