How can I get my mother’s, who suffer’s from Alzheimer’s, property back?

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How can I get my mother’s, who suffer’s from Alzheimer’s, property back?

My sister and her daughter have stolen over 150,000.00 dollars from my mother and charged up over 50,000.00 on my mother’s credit cards. I discovered this and started legal proceedings but in the meantime, my sister had my mother sign over her house and several pieces of property to her. I am now my mother’s conservator but for some reason, in Probate Court, my sister and brother were granted guardianship. We are going back to Probate court and Superior Court but it is so expensive. Is there anything else I can do?

Asked on May 26, 2016 under Estate Planning, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A remedy to pursue is to seek a constructive trust against your sister and her daughter.  The constructive trust will require your sister and her daughter to return the assets they have stolen to your mother.  A constructive trust can also be used to trace assets to items purchased with the stolen funds and return those items or their value to your mother.


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