My aunt is exploiting my grandmother

[Lamabi]

Jurisdiction

Michigan

Shortly after my grandmother was diagnosed with Alzheimer's disease my aunt convinced her the normal course of action was to make her half owner of her home. Through some research I've learned that this is not normal and usually a trust of some sort is made. This was about 5 years ago and she is now 81. In the past few months my grandma has decided to stay with her sister most of the time. My aunt found this out and decided she wants to sell the house against my grandmothers wishes and while she was away at her sisters for a few days my aunt gave and threw away a majority of my grandmothers possessions and began preparations to sell the house behind my grandmothers back. when my grandmother protested my aunt convinced her there was nothing she could do about it since she was half owner and now my grandmother feels powerless to make decisions about what to do with her home of 23 years. The family is now afraid that my aunt is going to take half of the money if she does end up selling the house even though she never paid anything towards it and my grandmother will need it for her future health care costs if she needs to live in a facility since she will have no home of her own. I would like to know if it would be helpful to contact adult protective services for exploitation and what information would help with a case against my aunt. It is very difficult to sit by and watch her take advantage of my grandma.

 

[army judge]

In the past few months my grandma has decided to stay with her sister most of the time. My aunt found this out and decided she wants to sell the house against my grandmothers wishes and while she was away at her sisters for a few days my aunt gave and threw away a majority of my grandmothers possessions and began preparations to sell the house behind my grandmothers back.

Have you considered reporting what some might consider "elder abuse" to this state agency:


More than 73,000 older adults in Michigan are victims of elder abuse. They experience abuse, neglect, and exploitation. The symptoms and treatment of elder abuse are complex and demand a concerted effort to tackle this often unrecognized and unreported social problem. That's why we brought together dozens of different organizations to work collaboratively to tackle the challenge.

Report Elder Abuse: 855-444-3911

Elder Abuse Resources: 800-24-ABUSE (22873)

The agency operates under YOUR MI ATTORNEY GENERAL

AG - Elder Abuse

 

[mightymoose]

Agreed. An investigation will have to occur to determine if anything unlawful is happening. Elder abuse cases are a high priority.
Report the issue to social services. Social services will involve law enforcement if necessary. Social services can also help your grandmother in a variety of other ways

 

[welkin]

If the aunt only owns one half of the house she can't sell the house without your grandmother's consent and signature on the transfer deed. She could sell her half of the house but that is not likely. It would depend on how the deed reads when it was transferred.

 

[Michael Wechsler]

Having a medical diagnosis for Alzheimer's that predates a legal document or instrument is very important but, as you can see, action sooner rather than later can make for a much less expensive dispute resolution process.

The information above seems prudent, especially in light of an estate case I recall from my days as a young associate. It surrounded a fraudulent conveyance of a elderly woman's home by a relative who was caring for her at the time and served as conservatrix. Remarkably, the relative rationalized that she deserved the home as payment for care provided and deeded the property over to herself signing it - literally - as "XX" on behalf of the owner. As you can guess, more than just the home needed to be recovered and also included plundered bank accounts, etc. (The effort to retrieve the property was much more extensive than we had anticipated, discovering later that counsel for the defense in the local court was a cousin of the defendant.)

 

[zddoodah]

Shortly after my grandmother was diagnosed with Alzheimer's disease my aunt convinced her the normal course of action was to make her half owner of her home. Through some research I've learned that this is not normal and usually a trust of some sort is made.

Perhaps you didn't intend this, but your comment implies that you believe one thing is "normal" and everything else isn't. That's not the case. Both of the things you mentioned are not uncommon. While there are negatives associated with adding your aunt to the title of your grandmother's home, no one here can intelligently say it was a bad idea -- except with the hindsight that the passage of five years provides.

I would like to know if it would be helpful to contact adult protective services for exploitation and what information would help with a case against my aunt.

No one here can intelligently say whether it will or won't be helpful. However, your aunt owns the home -- just as much as your grandmother does. Seems like it was a bad idea for your grandmother to add your aunt to the title, but that happened five years ago and almost certainly can't be undone now. You are free to contact adult protective services and/or consult with an attorney about establishing a conservatorship or adult guardianship.

Also...

If the aunt only owns one half of the house she can't sell the house without your grandmother's consent and signature on the transfer deed.

Correct.

 

[Michael Wechsler]

However, your aunt owns the home -- just as much as your grandmother does. Seems like it was a bad idea for your grandmother to add your aunt to the title, but that happened five years ago and almost certainly can't be undone now.

I respectfully disagree in this respect, especially since conveyance appears not only to take place under suspicious circumstances but after a diagnosis of Alzheimer's. In the case I described above, we were ultimately successful arguning that what took place several years prior constituted a fraudulent conveyance. What I can't say is whether litigation costs might be high (and perhaps come out of the proceeds.)

 

[adjusterjack]

Lamabi, please add your new question to this thread and keep all questions on this topic in this thread. Thanks.

 

[Lamabi]

Shortly after my grandmother was diagnosed with Alzheimer's disease my aunt convinced her the normal course of action was to make her half owner of her home. Through some research I've learned that this is not normal and usually a trust of some sort is made. This was about 5 years ago and she is now 81. In the past few months my grandma has decided to stay with her sister most of the time. My aunt found this out and decided she wants to sell the house against my grandmothers wishes and while she was away at her sisters for a few days my aunt gave and threw away a majority of my grandmothers possessions and began preparations to sell the house behind my grandmothers back. when my grandmother protested my aunt convinced her there was nothing she could do about it since she was half owner and now my grandmother feels powerless to make decisions about what to do with her home of 23 years. The family is now afraid that my aunt is going to take half of the money if she does end up selling the house even though she never paid anything towards it and my grandmother will need it for her future health care costs if she needs to live in a facility since she will have no home of her own. I would like to know if it would be helpful to contact adult protective services for exploitation and what information would help with a case against my aunt. It is very difficult to sit by and watch her take advantage of my grandma.

update: I made a post a while ago about how my aunt was put on my grandma's deed as half owner and when my grandma had to move to get care for Alzheimer's she moved herself into the home and got rid of all my grandma's possessions without permission and is trying to get half the money from the home by selling it. I was advised to contact Adult Social Services, which I did, and they are investigating. It turns out that she is not actually half owner of the home as she thought but is only entitled to the property after my grandma passes. She has since found out that I called APS and is threatening to file a false police report stating that I have stolen the stuff in the home. She is also threatening family members with talk of how ruthless her lawyer is compared to my grandmas. How do I protect myself from being accused of theft? Is threatening someone in this manner illegal?

 

[zddoodah]

It turns out that she is not actually half owner of the home as she thought but is only entitled to the property after my grandma passes.

Sounds like a life estate may have been created. In this regard, I'm going to respond to a post that I didn't respond to earlier:

I respectfully disagree in this respect, especially since conveyance appears not only to take place under suspicious circumstances but after a diagnosis of Alzheimer's.

We don't really disagree. I agree that the OP's original post raised these issues. However, as a matter of record (and based on the info previously provided by the OP, which has now changed), the two women were joint owners. I'll leave it to a Michigan attorney to opine about the feasibility of having whatever was done undone.

How do I protect myself from being accused of theft?

You can't prevent someone from making an accusation, and you can't change anything that's happened in the past. Just be damn sure that anything you do going forward is 100% beyond reproach. For that matter, given that you've reported what you know, it seems like the best thing to do going forward is stay as far away from the situation as possible and discontinue any contact with your aunt.

Is threatening someone in this manner illegal?

No.

 

[shadowbunny]

...She is also threatening family members with talk of how ruthless her lawyer is compared to my grandmas. How do I protect myself from being accused of theft? Is threatening someone in this manner illegal?

There is no way to keep someone from accusing you of theft. If (and that's a big if) you are contacted by police, don't speak to them without an attorney present.

And, no. It's not illegal for your aunt to say she's going to call the police.

 

[PayrollHRGuy]

And, no. It's not illegal for your aunt to say she's going to call the police.

Not so quick...

750.213 Malicious threats to extort money.

Sec. 213.

Malicious threats to extort money—Any person who shall, either orally or by a written or printed communication, maliciously threaten to accuse another of any crime or offense, or shall orally or by any written or printed communication maliciously threaten any injury to the person or property or mother, father, husband, wife or child of another with intent thereby to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened to do or refrain from doing any act against his will, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 20 years or by a fine of not more than 10,000 dollars.

 

[shadowbunny]

Not so quick...

750.213 Malicious threats to extort money.

Sec. 213.

Malicious threats to extort money—Any person who shall, either orally or by a written or printed communication, maliciously threaten to accuse another of any crime or offense, or shall orally or by any written or printed communication maliciously threaten any injury to the person or property or mother, father, husband, wife or child of another with intent thereby to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened to do or refrain from doing any act against his will, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 20 years or by a fine of not more than 10,000 dollars.

Fair enough, but it doesn't appear that aunt is doing this to extort money. Or, more accurately, OP didn't say that aunt was asking for anything. Who knows? Maybe OP has stolen from g-ma and auntie is letting her know there may be consequences.