Klenk Law

Tag: elder financial scams

Protection From Scams; Revocable Living Trusts & Irrevocable Trusts

Posted on Wed Feb 17, 2016, on Elder Financial Scams

From our “Ask a Question” mailbag addresses providing protection from scams.

“My mother is having trouble managing her finances, and I discovered she wrote a check to some person who called her on the phone. It wasn’t much, but she was confused and in the future might get scammed out of a large sum by some telemarketer or criminal. She needs protection from scams. Can a revocable living trust or an Irrevocable Trusthelp protect her?”

How do I challenge my mother’s caregiver’s claim against her estate?

Posted on Sun Nov 29, 2015, on Will Contests and Will Challenges

From our “Ask a Question” mailbag: My mother’s caregiver informed us at the funeral that my mother signed a will giving the caregiver all her money. What can we do?

In general, if she has not filed the will yet, you could have an experienced will contest lawyer file paperwork to stop her from filing the will. You can then take stock of the situation. You will then know when the will was signed, who are the witnesses, if the signature is your mother’s, and who drafted the will. You can also surmise your mother’s mental state on the date the will was signed.

How do I protect my dad from criminal telemarketers in Atlantic County?

Posted on Tue Oct 20, 2015, on Elder Financial Scams

From our “Ask a Question” mailbag: My father has reached the age where he has become trusting to a fault. He was called by an unscrupulous telemarketer and fleeced out of several thousand dollars. I am worried that his number will now be passed around to other criminals and he will write more checks. How do I protect my dad from criminal telemarketers?

Your suspicions are right—once your dad’s recognized as a potential “mark” among the criminal community, he could become a target for scammers who pretend to be calling him on your behalf, asking for payments toward funeral expenses, emergency medical bills, or sweepstakes prize processing fees. According to the FBI, your father likely shares traits that were common among his generation — raised to be polite and trusting, and often reluctant to hang up the phone even if they suspect a scam.

Elder Financial Scam Allegedly Left No Estate Money, Philadelphia

Posted on Wed Jul 29, 2015, on Elder Financial Scams

From our “Ask a Question” mailbag: When my father became very ill two years ago, we hired a full time caretaker to help him. We live in California and my father lived in Philadelphia, so we could not be there at all times. At his death, we were shocked to find out that his will was changed and the caretaker was the executor. She says all his money was spent on medical care, but that is impossible. We are now being told we are the heirs, but there is no money. I suspect she has stolen his money. What can I do?

You have a few options. If the will has been filed and accepted by the Register, you could appeal the validity of the will to the Philadelphia Orphans’ Court.

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Peter provided outstanding advice and preparation of a will and trusts.

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