What can we do to get my mother’s property back? Is this considered Elder Abuse?

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What can we do to get my mother’s property back? Is this considered Elder Abuse?

Mother quitclaimed the deed to her Arizona property to my sister along with a prommisary note stating how the money from the sale be dispensed, this was after being told it was nessary to be done this way for her to sell the property for her. She recorded the deed only not the note and placed it into her own family trust. It is on the market but at such an outrageous price there is no way it would sell. My mother is 90 years young and very upset about this matter. Property is located in Parker Arizona, LaPaz County.

Asked on June 5, 2009 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Under Arizona law, financial exploitation such as that you described does constitute elder abuse.  You can go to the following site for more information on this:  http://www.azag.gov/seniors/FinancialExploitationoftheElderly.pdf

This case also constitutes fraud.  If the facts are as you say, your sister has committed at least 2 actionable crimes and maybe more.  I would confront her with this information.  If she still continues in her behavior, you will have no choice but to report your sister to the authorities.


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