Old attitudes prevail despite new estate looting models

We just posted a letter from Chester reminding us about some awful cases out of Minnesota in which guardianships were used to loot assets of the elderly.  We hear stories daily in which wills, trusts or powers of attorney are similarly used.

What can we say?  Who better to create and exploit the loopholes used to perpetrate Involuntary Redistribution of Assets (IRA) actions than those who provide estate-oriented services?  Lawyers, guardians, professional fiduciaries are not all dishonest, but some are.  It’s said that most financial elder abuse cases are never reported.  We believe the same is true of IRA cases.

That said, proving malfeasance is often more difficult than identifying it.  These cases are too often not treated as the crimes that they are.  And even if a case gets to civil court, looters who control assets can use these resources to mount an aggressive defense leaving stunned family members or other interested parties with no cost-effective recourse.  Today’s pay-to-play legal system is out of reach (or responsibly unsustainable) for many folks.  It also is not yet attuned or incentivized to view potential estate abuse cases past the “appearance of propriety.”

Keeping old attitudes about the new estate looting models surfacing in communities across this country currently works to the advantage of IRA perpetrators.  We appreciate hearing from folks like Chester who share the view that while success may be realized in the hijacking of decent Americans’ property, immorality and criminality will eternally be ascribed to those who steal from the dead and disabled/incapacitated.

Shining light on the dark side of estate management.  It’s a slow but steady course.