SeniorLAW Center Can Help Older Adults
Fraud is discussed often in the media as occurring between strangers and our older adult population. We hear about scams over the phone, the internet and in person. However, we often do not discuss the ever pervasive fraud perpetrated on our older adult residents by their own trusted family.
Many of our Delaware County older adults would prefer to remain near family and age in place. In some cases, the older adults will invest a large amount of savings into purchasing property with family or contribute savings to modify a family member’s home so they can age there.
Often older adults turn over the funds to a trusted relative with the promise that they can remain in the property for life or that their name(s) will be added to the deed. Where the trusted relative does not do as promised, the older adults could find themselves in a vulnerable position later on, especially if the relationship with the trusted relative sours.
Liam and Emma Smith (names and other facts have been altered to protect the identity of the parties) found themselves in just such a situation. Following retirement, they received a call from their recently widowed son, John Brown, asking them to sell their home and move to Pennsylvania to be closer to their son and grandchildren. John proposed purchasing a house with Liam and Emma using the money from the sale of their current home; John promised that Liam and Emma could live in the home, rent free, for the rest of their lives.
The Smiths agreed, sold their home, and turned over the proceeds to their son. Trusting their son, they did not hire a lawyer to look over the transaction or advise them. John purchased the property and recorded the deed under his name alone, with no ownership interest indicated for the Smiths. Meanwhile, the Smiths paid several contractors to spruce up the place. The Smiths lived in the home for a couple of years.
Their son then approached his parents demanding they pay monthly installments to him. Emma convinced her husband to give John a few hundred dollars from their Social Security checks each month to keep the peace with John. Shortly after, Liam died. John then began demanding more money from Emma. Emma reluctantly began giving him more money, but then found herself unable to pay her own expenses. When she told her son she could no longer give him the money, John threatened to throw Emma out of the house and sent her a letter notifying her that she had thirty (30) days to leave.
Liam and Emma Smith paid John over $ 100,000.00, believing they possessed an ownership interest in the house which would allow them to live rent free for the remainder of their lives. John made such a promise to his elderly parents. Emma was left fearing she would be homeless, she had no funds to fall back on having invested all the funds in the house and she felt ashamed that her own son had created this situation.
Frequently, we at SeniorLAW Center (www.seniorlawcenter.org) hear from older adults, like the Smiths, with similar stories. Like Emma, they call us fearing they will be homeless, penniless and that they have no rights. Many of these older adults are isolated with few supports. We are here to help.
SeniorLAW Center is the only Pennsylvania legal service agency solely dedicated to protecting the legal rights of older people. Adults age 60 and over can contact our Delaware County intake line at 610-910-0215 to speak with an intake worker. Attorneys are available to provide free legal advice, information, supportive services and, in appropriate cases, full legal representation. For those in need SeniorLAW Center provides a statewide Helpline 1-877-PA-SR-LAW. You are not alone.