Law News and Tips

The Controlling Niece

Fred Vilbig - Thursday, September 17, 2015

Uncle Ralph and Aunt Miriam had been married forever. They both had good jobs. Sadly, they never children, but they had a few nieces and nephews to whom they were very close. They enjoyed life, but they had fairly simple tastes.

Uncle Ralph died several years ago, leaving a grieving Aunt Miriam. But Aunt Miriam recovered and grew even closer to her nieces and nephews. She often would tell them that she was going to leave her estate to them equally. She wanted them to know that.

Over time, Aunt Miriam grew older and more feeble. Her health began to fail. One of the nieces, a nurse (will call her. Suzy), stepped in to help Aunt Miriam. Aunt Miriam eventually had to go into a nursing home, and that’s when things got a little odd.

Suzy started controlling just about every aspect of Miriam’s life. The nurses at the nursing home where prohibited by Suzy from talking to the other nieces and nephews about Aunt Miriam’s condition. Suzy claimed it was a “HIPAA issue”. When the other nieces or nephews went to visit And Miriam, Suzy would call them the next day to ask about the visit. It turns out that the nurses at the nursing home were reporting everything to Suzy.

Eventually Miriam died. Suzy took care of the funeral and paid all the bills. But then there was nothing. For months the other nieces and nephews heard nothing. When they asked questions, Suzy would snap at them that she was doing the best that she could to wrap things up. If they continued to ask questions, she would accuse them of not trusting her.

But the other nieces and nephews became suspicious. They started checking some public records. They found that Miriam had redone her will a few months before her death, putting Suzy in charge of everything. They found that Miriam had deeded her house to Suzy just a few weeks before she died. They found that there were almost no probate assets, even though there was no evidence of a trust. It looked as if Miriam died poor, even though she had been in a nice (meaning pricey) nursing home right up to the time of her death. Things didn’t add up. That’s when they called us.

It’s always sad when family members get greedy, but that happens more times than we’d like to imagine. When a family member starts to control the life of an elderly relative, bells and whistles should go off. The other family members need to get more involved before their “Aunt Miriam” is gone. After the relative is gone, it only gets tougher to fix the problems.
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