Is this a crime?

Question

Say Joe is elderly and has dementia. And say Bob is distantly related by marriage. Bob was originally going to share a small portion of Joe's estate, as outlined in the will and life insurance policies that Joe drafted before getting sick. But since Joe developed dementia, Bob has influenced Joe to change his will and life insurance beneficiaries so that Bob will get half of everything. It's clear that if Joe were lucid, he would not have wanted this.

I know that this is undue influence, but is there anything criminal in what Bob is doing?

Answer 1

http://www.elderabusecenter.org/default.cfm?p=faqs.cfm#six

Here are some of the FAQ about elder abuse that apply to your situation, but you can view more at the link above (I deleted some of the sections that don't apply):

What is elder abuse?

Elder abuse is a term referring to any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult. The specificity of laws varies from state to state, but broadly defined, abuse may be:

Exploitation - Illegal taking, misuse, or concealment of funds, property, or assets of a vulnerable elder.



What are the warning signs of elder abuse?

While one sign does not necessarily indicate abuse, some tell-tale signs that there could be a problem are:

Sudden changes in financial situations may be the result of exploitation.



Are there criminal penalties for the abusers?

Although there are variations across the country, in most states there are several laws that address criminal penalties for various types of elder abuse. Laws vary state to state. Some states have increased penalties for those who victimize older adults. Increasingly, across the country, law enforcement officers and prosecutors are trained on elder abuse and ways to use criminal and civil laws to bring abusers to justice. Read about state elder abuse laws, important legal issues, and how to access the laws in our Laws & Legislation section.





Who do I call if I suspect elder abuse?

Each one of us has a responsibility to keep vulnerable elders safe from harm. The laws in most states require helping professions in the front lines -- such as doctors and home health providers -- to report suspected abuse or neglect. These professionals are called mandated reporters. Under the laws of eight states, "any person" is required to report a suspicion of mistreatment.

Call the police or 9-1-1 immediately if someone you know is in immediate, life-threatening danger.

If the danger is not immediate, but you suspect that abuse has occurred or is occurring, please tell someone. Relay your concerns to the local adult protective services, long-term care ombudsman, or police. For a list of reporting numbers go to this important link: Where to Report Abuse.

If you have been the victim of abuse, exploitation, or neglect, you are not alone. Many people care and can help. Please tell your doctor, a friend, or a family member you trust, or call the Eldercare Locator help line immediately.

You can reach the Eldercare Locator by telephone at 1-800-677-1116. Specially trained operators will refer you to a local agency that can help. The Eldercare Locator is open Monday through Friday, 9 a.m. to 8 p.m. Eastern Time.

Answer 2

When someone dies everything gets put in probate, until the estate can get settled(remember Anna Nicole and her millions from that old guy who died). So with that in mind you can challenge the current will, what you would need is doctors notes stating wthen "joe" was getting worse, the date of the most current will being drafted, as well as who Bob is in the scheme of things.

I would suggest contacting an estate lawyer now, or try to find the lawyer who drew up the last will to get their opinions on things. Odds are Bob will get squat and the rightful heirs will get what they deserve.

The ONLY thing you have to worry about is if Bob is the caregiver or has been for since Joe got sick. If thats the case then it gets a bit tougher to fight.

Answer 3

Not criminal, I agree with the first answerer, Bob's Karma is going to get the better of him soon enough. As for what can be done...contest it in court, I would recommend using an estate lawyer, will be a little pricey and take forever, but eventually it will work out. regardless of what happens understand that Joe's will and testament will never pan out the way Joe (in his lucid years) would have liked, even if Bob had never gotten Joe to change it. Also understand that is is going to be difficult to know what Joe's full intentions ever were (despite any legal document signed before Joe's full awareness went away) because there will always be someone coming out of the woodwork spouting off about something that was supposed to have happened and it never did, now everyone goes to court.

I wish you and your family all the best, I hope it works out for the best in the end, and remember that Bob's karma will catch up.

Answer 4

If the will were contested the remaining family would have to show that Joe was not of sound mind when the will was changed. And Bob would have to prove that he was of sound mind. Also the changes would have to be witnessed by 2 people who could testify of the soundness of mind.

Answer 5

I dont see anything criminally wrong
the attorney would have been present at the time of the will being changed / drawn up and would have had to witness Joe's mental competency and signature


lesson for everyone- make a revocable or irrevocable trust
It cant be contested .. its a iron clad contract

Answer 6

No its not a crime unless you can prove intent to defraud ,IF your bob stop it now you get what you get in turn ,now if your not bob get in front of this now get a attorney get a injunction and void the will changes now dont wait till death occurs that willl be to late and in some cases it already may be too late .

Answer 7

I don't know where you are but in Florida there is a law against taking advantage of the elderly but for the life of me I cannot remember the name of it. But to answer your question, yes it is a crime here.

Answer 8

I doubt it is criminal, but the will might still be invalid. Wills are hard beasts to shake out. Get a lawyer now.

Answer 9

Yes!!! that is taking advantage of a sick person!!

Answer 10

I don't know if it's criminal, but a judge can undo it.