The number of reports involving elder financial abuse has grown significantly over the past decade, according to the National Adult Protective Services Association (NAPSA). One in 20 older adults has indicated some form of perceived financial mistreatment. Perpetrators include relatives, friends and strangers. Below are just a few cases at Kilgore & Kilgore.

Kilgore & Kilgore Represents Relatives Against Caretaker Who Misappropriated Inheritance Monies

Kilgore & Kilgore is working to recover assets taken by a caretaker of the family’s two elderly cousins. The caretaker used the assets to retain legal counsel to draft estate planning documents used to transfer assets to the caretaker. The caretaker moved one of the cousins, without informing the family, to various nursing home locations in Texas. The family’s attempt to obtain guardianships over the cousins was hindered by the caretaker who had access to, and used, the accounts of the cousins to pay attorneys and expert witnesses. Both cousins had wills there were probated. The statute of limitations to contest probate matters had expired. However, Kilgore & Kilgore found that the cousins had claims for breach of fiduciary duties against the caretaker that could be prosecuted by the heirs. The litigation proceedings occurred in 2012 and 2013 and were hotly contested, as was an unsuccessful emergency appeal by the caretaker to the Court of Appeals to attempt to set aside trial court rulings. The case was settled by mediation. However, adispute arose as to the interpretation of the settlement agreement, and the caretaker filed bankruptcy in order to obtain a change of venue. After extensive litigation in Bankruptcy Court the family’s claims were finally settled by a conveyance of assets.

Elder Flees Institution and Works to Recover His Assets

Kilgore & Kilgore also represents a wealthy man whose children took over his estate and placed him in an institution. The man escaped the institution and contacted Kilgore & Kilgore.

Texas Mother Kidnapped and Hidden From Other Siblings

Kilgore & Kilgore represents the other children in a dispute over assets swiped from them by their sister who kidnapped her mother, induced the mother to assign to her all of the substantial family assets, and then hid the mother from the family until the mother’s death. The kidnapper then filed for bankruptcy. The other children sued to recover the family’s land from the sister’s creditors that was taken from the family.