The Horror of Financial Elder Abuse

my trust was ripped off recently my father passed away in oct our trustee has breached her fiduciary duty when i asked to see investments reports the trustee said talk to my lawyer the lawyer was her lawyer . we thought she was the trusts lawyer anyways alot of money is unaccunted for . the trust was set up by my grandmother for us grandchildren back in 1983 recently my father passed away and the trustee has been a real lame . she would not answer my questions reguarding investments and also when i asked her who was investing the trust money she would not tell me . the lawyer her lawyer is a partner of an LLC CORPORATION . THE TRUST WAS MANAGED BY PEOPLE EMPLOYED BY THE TRUSTEE AND ALSO IVE COUGHT ON TO THE TRUSTEE TELLING LIES . SHE QUOTE STATED THAT MY FATHER WAS NOT IN A REST HOME DURING THE ACCOUNTING PERIOD WHICH IS A LIE . THE TRUSTEE IS THE PRINCIPAL OF HER BUSINESS CALLED SENIOR ALTERNATIVES CARE HOME . THE TUST WAS MANAGED POORLY AND OVER 20 THOUSAND HAS BEEN LOST IN 1YEAR 5 MONTHS TIME

My then 81 year old mother was misled into thinking she was co-signing a loan for my brother and his wife on Oct. 16th 2009. What she actually signed was a HELOC in the amount of $45,000. In June of 2011 my mother made me successor Trustee. The transfer from my mom to me was facilitated by her Financial Advisor. He asked her if she had any outstanding loans. She told us about co-signing a loan for Dan and Caryn. After a month of badgering my brother he faxed it over. The HELOC was in her name only and her house was used as collateral. On closing date $25,000 was paid as a Customer Advance "amount paid to others on my behalf." $93.00 were for fees. Undispersed funds $20,000. I called Charter One's RI Corp. Office to lock the account. She put me on hold and came back to advise me the undispersed $20,000 was taken on Monday Oct. 19th. What was in the account I had it frozen. I confronted my brother about the loan and he didn't deny it he just couldn't understand my anger. I did some investigating on my own and was appalled at what he and his wife did to my mother. I had gone to the local branch where the loan was taken out and was given no cooperation. I stopped at another branch with my mother and was given a copy of the $20,000 check which clearly was not my mother's handwriting. The second she saw it she said that's not me. The check was written to cash with the loan number on the memo line and signatures front and back clearly not her handwriting. After reading the loan a second time I found a section with language that would allow the bank to go into my brother/wife account and auto debit the monthly finance charges. The account was opened shortly before the loan. The auto debit form had to have my mom's signature to agree to it. I went back to the other branch asked if she could find that on her PC and she printed it off for me and clearly another forgery of my mother's signature. He told my sister "why did you have to tell ma anyway." I dug a little deeper and found my mom had paid $5,500 towards the loan. She didn't have an answer other than she called Caryn and told her that was it -- what have you done to me? They didn't pay anything the first 10 months. The bank had tried 3 times to take the monthly finance charge only to find NSF. Shortly after that their checking account was closed. My mother had more than enough money to lend them the $45,000 but if asked she would have said no -- since they had owed her money already. I asked my brother why didn't you at least put one of your names on the loan - I was told the bank thought it best I didn't. I asked why he didn't just ask for the money and his response was I thought this would be a cheaper way. They have lived way above their income the entire marriage. My brother hardly worked at all. So many questions I have but the bank won't give me the information and the local police department has done very little. Was the $25,000 transferred into their account? Would my mom have to sign anything to release the money. Where are the deposit slips if it went into their account? My brother is taking full responsibility for this. If you met him you would immediately know he wasn't capable of figuring all this out. I tripped him up fairly quick and he made no sense. I am convinced its my sister in law who planned this out. As it turns out the title and trust company is shown as the borrower while my mother's house is shown as collateral. The forged check and auto debit document were sent to the IL crime lab by the Orland Hills police department and came back as not consistent with my mom's handwriting. It is clear as a sunny day that they took advantage of my mom and it has taken its toll on her. I asked her Dr. if she exhibited any signs of early dementia and all I got was maybe yes maybe no. To me it doesn't matter they misled her to sign the loan and used a bank she never heard of 15 miles away from her house which had at least 10 Charter One Banks closer. Same with them. At 81 my mom was a bundle of nerves and seeing all that paperwork had to be intimidating. The whole thing stinks of elder financial abuse and loan document itself was completed in the most careless unprofessional way. The bank itself isn't innocent either but I won't go there now. With the burden of proof on them and the preponderance of they more likely did commit a crime than more likely not. Please help my mom see that justice has been carried out. Sorry I am a lousy record keeper. I do have one name and time of day I spoke to her about money being transferred on the 16th. The 3 day waiting period was violated by a day and a half or 3 days depending on the first payment. Sincerely, Jim Mahoney