Find Senior Care (City or Zip)
Join Now Log In
A
anonymous607647 Asked February 2019

Can my sister face legal consequences for elder abuse of my deceased father? She changed his life and will beneficiaries before he died to benefit her.

Sister took control over my father, moving him into an empty rental home she owned. She charged him exorbitant rent, sold all his belongings prior to the move, put him in debt for over 15k for new furnishings and appliances for this home, took his car, all his credit cards and personal cards from his wallet, and left him in this house by himself. My father was in poor health and could barely walk. She neglected his health, and welfare. She worked and was lucky if she visited him once a week. My father had nothing to do but sit in this house and watch tv, which was shut off for non payment which my daughter noticed when she stopped by to visit Dad.My father had a history of multiple strokes. My sister stated she did not love my father. An opinion is she used him for his money. Prior to his death, several visits from family saw no food in the house, either roasting hot in the summer, or heat below 60 in the winter. He told family he did’t want to get yelled at from sister for the bill being too high. My father said he couldn’t go with me to visit my mother for fear my sister would not take care of him if she found out he went with us. Prior to this my brother came to visit him. He became very ill during the visit, so my sister in law called an ambulance. They took Dad to the hospital. He had a mini stroke. My sister called my sister in law and brother and cussed them out for calling the ambulance, stating Dad was faking it and had been for weeks! Dad stayed in the hospital for a few days, but he refused therapy, so they sent him back home. Protective services paid a visit to my Dad to check on his welfare, but my Father was good at pretending nothing was wrong for fear he would not have anyone to take care of him. The last three months my father was alive he said my sister only gave him $40 and nothing at Christmas time.


My father recently died. My sister claims she found him in the bathroom and he was already dead. She did not order an autopsy, or even call to tell me. She called 911 only after facetiming her son a PA to ask what to do. My brother who lives out of state called me to tell me about my father passing.


While my father was alive my sister managed to put her name on everything my father owned, removed my mother of 62 years married to my Dad and me from any inheritance. I believe she made all the changes online to benefit her without Dad knowing what she did. I did not want or need anything , but my Mom should have received something. I am and have been Moms legal guardian for the past 3 years, after much abuse from my father. Mom has dementia and is in a nursing home now and safe. She is allowed to have less than 2,000, but has not had anything or any help for clothes etc from my Dad since I became her guardian, and lucky if my Dad and sister came to visit once a year at Christmas.


My Dad didn’t have much, but he did have a car, and less than 10k left over after the funeral expenses. My sister did not give any of the siblings a copy of Dads will when requested, nor did she file anything with the courts. Money which was donated to the family at the funeral home, she split between her and my two brothers, excluding Mom and me. Again I did not want or need anything. She had her son speak at my fathers funeral not allowing anyone else to talk. The sons speech was titled and reiterated “My Papaw”, when there are and were many more grandchildren present at the funeral home. This was uncomfortable for many family and friends to hear. After the funeral, my brothers asked what about Dads car? She replied it’s mine.


In closing my father always said he would never leave anyone of his children out of his will. When we took care of Dad and helped him with his will, His will stated everything was to go to Mom and if she wasn’t alive to all four children equally.


Can any legal proceedings be filed against my sister or is it too late. It has not even been 30 days since Dads death.

JoAnn29 Feb 2019
Yes, you can file legal prroceedings. She stole money. You don't say if she had POA, if so that stopped at time of Dads death. If he had a will, the Executor than takes over and there are duties they must perform.

TNtechie Feb 2019
If the car was in your father's name then a transfer after his death requires a probate action so your sister must file any will with the probate court. If your sister was smart enough to transfer the car to her name prior to his death and get her name on all his accounts then there's little to do. If you have a copy of the will favoring all his children equally you could file that in probate court and put your sister in the position of proofing there was a subsequent will.

The time to protest your father's treatment was when he was living. If APS found your father had reasonable care then you are unlikely to prove he did not after his death since I would assume you provided any evidence you had to APS during their investigation.

ADVERTISEMENT


ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter