Thanks again

Eric

Hello Eric. Sorry to hear of the trouble you are experiencing. You should discuss the matter with an estate attorney who has experience resolving family disputes of this nature. While your dad may not intend on suing your brother, or at least not yet, an attorney who litigates similar cases in court will likely have great advice to offer on your options and how to best proceed. Since you are in Cherryville, look for someone in Gaston County. That will make things a lot more convenient on your dad, should it come to it. Hope this points you in a better direction and helps just a bit. Thank you again.

My name is Eric Butler.
I am in need of some legal advice. My dad is 83 years old and has recently moved into an assisted living facility in Cherryville NC.
My older brother and his wife immediately began seizing his cash assets from his safety deposit box and his home in the amount of $25,000. My brother removed $20000 from my dad’s safe deposit box, then placed it into his own box without consent or any previous request to so so. My dad has told him to return all of his cash to the original safe box and he refuses to do so. My brother and his wife also took his file cabinet from my dad’s home which contain all of his banking documentation including passwords, pin numbers, all titles to all property and is now electronically accessing his bank accounts without consent. My fear now is my brother is preparing to clean out my dad’s entire account and put all money into his own, all without consent or knowledge. These actions taken by him have blind sides us all and been very hurtful. My dad told my brother before this began that he could not have his bank book because he was not trusted by my dad. My wife has been entrusted to pay his Bill’s for him since he was in the rest home. My wife and my family have provided any and all care for my dad for past 10 years which enabled him to remain in his home after the car accident which resulted in his lower leg being amputated. My wife has provided the bulk of care including all transportation hospitalization needs, meals taken to his home practically every evening. See, I have been disabled since chronic low back pain rendered me no longer able to work. I’ve had multiple low back surgeries some of which failed. I cant do much due to my condition. I haven’t driven for 8 years due to the pain and side effects related to around the clock strong pain medications.
My brother and his wife have done absolutely nothing to help my dad since his leg was amputated. Now that he is 83 years old and in a rest home they are taking complete advantage of him and from what I understand they have stolen from him. My brother was made executor of my dad’s estate along time ago after my mother died but I know as of now while my dad is still living my brother has no legal authority to do the things he has done.
So what can my dad do from a legal perspective if my brother refuses to return his money and property to my dad’s home. My brother has already refused to return the cash money as my dad told him to do.
We are trying to go about this the right way to get my dad’s assets returned to him. My method of resolution is drastically different from everyone else’s. This has infuriated me so my plan of action is on hold until a later date, preferably after, if at all,my dad has gained resolution. I will feel much better if this can be resolved in a civil manner.
If you could please advise me what can be done from a legal perspective I would greatly appreciate you. Has my brother already broken the law? Any information or advice will help me going forward if I must get involved I would like to know what specific laws have been broken. This type information would greatly help my negotiations with my brother if this cant be resolved with a common sense approach.

Thank you very much

Eric