Monday, April 11, 2016

Plaintiffs and Deceased Seniors are actually often Victims of Serious and Under-reported Crimes

Author Robert "Bob" Adamski refers to this troubling increasing under-reported criminal trend in America as "Inheritance Hijacking", but how does a victim know how to categorize this offense beyond a civil lawsuit trying to restore family honor from an attorney's recommendation of which the goal seems always to boil down to some cheated money that may or may not be collected some day in eventual damages.

Our Papa didn't stand a chance against a selfish conniving grandson.  Papa was a freshly grieving widower who also still mourned the death of his only child just a few months earlier from ovarian cancer and surgery to remove it.  Add to that the fact that Papa was 89 years old, labelled early stages Alzheimer's, particularly that he had a tracheotomy, and was difficult to understand when he talked with that hole in his throat from the surgery decades earlier.  Is that really a man you expect to have the strength and fortitude to enter a probate battle against a greedy grandson in his mid thirties who had spent most of his life convincing his own mother to part ways with countless thousands of dollars he didn't earn/deserve to the point where she disowned him at death???  One state mostly involved defines this crime as follows...

“Criminal Exploitation
of an At Risk Elder

“A person commits criminal exploitation of an at-risk elder when he or she knowingly uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk elder of the use, benefit, or possession of any thing of value. Criminal exploitation of an at-risk elder is a class 3 felony if the thing of value is five hundred dollars or greater. Criminal exploitation of an at-risk elder is a class 5 felony if the thing of value is less than five hundred dollars.” 

Making false promises constitutes fraud - plain and simple, but the law requires proof of intent. Hmm.  What was this eldest grandchild's intent when he interrupted two younger grandchildren when they began discussing contesting severely outdated wills that clearly unintentionally didn't mention them both since one was still barely forming in the womb of their mother at the time of signing and witnessing and the other was still three years away from any existence whatsoever?

Looking at his next decision and his final decision pretty much sums it up as most likely fraud, deception, with the intent of eventual theft and revenge:

He next suggests to the younger two that since none of the wills were fair to all three of them, that they should all just agree to share all of the estates fairly.

His final decision was to take the majority of the funds inherited from Papa's estate, breach the signed agreement in writing, and leave the younger two with no other legal choice but to take him to court.

Isn't it at all relevant that the initial estate attorney Bruce, documented his and the accountant Dorothy's visit with Papa when the copy of his will leaving everything to only one of three existing grandchildren was read to Papa and he immediately stated repeatedly that it was wrong and must be changed?

It's probably about as relevant as the one grandchild who refused to allow Papa to change via simple codicil his actual desired list of correct current beneficiary heirs or destroy the incorrect last will copy leaving his assets to be distributed in equal thirds directly after his death and probate thus avoiding the need for any conniving of one by the others?

We are not our mother who kept her first son from going to prison after his third felony conviction as a habitual offender - calling in a favor to a local judge!  We are the only surviving victims and witnesses of that son's most heinous crimes to date which he prefers to treat entirely as some kind of joke!  His kids are mostly grown now so I hold no reservation with putting him in prison for decades - ones that, with his unhealthy persistent smoking, may be his last years on this earth - no, no reservations at all!  Countless people have been killed for far less criminal, unethical, and immoral choices/actions. 

I am disgustedly tired of being perpetually punished for only doing the right thing!  Why did I ever buy that airplane ticket for him to be at the funeral and burial of the grandmother who helped raise him???  Why did we even bring him to the meeting with the accountant???
Why did I not just tear up those copies of my grandparents wills all older than I was
and 2 out of 3 older than my sister was when I found the damned things in their lock box???
A brilliant musician and composer in the family could have even lived years longer if not be fully cured with several additional hundreds of thousands of dollars that should have been available years before it would be needed to assist him when he needed it most!

We deserve answers!  We deserve the truth!  We deserve our fair full thirds of all that was distributed before PR fees and denied to us to date!  We deserve fair annual interest!  Mostly , we both deserve peace of mind from our Papa's last words to us two that his final spoken wishes be carried out or closure via the one who
selfishly defied those actually most recent expressed wishes be punished to the maximum extent of the law!  We deserve a lifetime of apologies.  We are unfortunately two plaintiffs who didn't realize sooner that we were also victims of serious and very costly crimes.  

Betraying siblings and criminally exploiting your grandfather financially in an attempt to lash out at your parents for disowning  your continually proven financially irresponsible ass at the time of their deaths doesn't fix the emotional wrong done to you.  It only exponentially magnifies the emotional wrongs you have reacted with upon others - something that will not lay hidden away until you are completely in the clear!