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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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