Elder Justice Prosecutor Samples

Find publicly-filed, sample elder abuse federal and state pleadings and documents. PACER citations have been provided where available.
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Trial Pleadings

Alleges: fraud; lack of capacity; undue influence; unjust enrichment; requests Court dismiss complaint with prejudice, award counsel fees and costs, grant rescission of property transfer and restitution

(Intentionally Left Blank)

Delaware
Trial Pleadings

Alleges fraud, lack of capacity, undue influence, unjust enrichment, and requests Court; deny Will dated April 2, 2014; impose constructive trust over assets; rescind property transfer; order restitution; stay probate proceedings; grant costs and attorney's fees

(Intentionally Left Blank)

Delaware
Reply to Counterclaim, 2014, 9 pgs
Trial Pleadings

Requests Court dismiss counterclaim with prejudice because it is barred in whole or in part by: breach of fiduciary duty; breach of trust; conversion; elder financial abuse; fraud, deceit and fraudulent inducement; intentional infliction of emotional distress; need for declaratory judgment; unjust enrichment; undue influence

(Intentionally Left Blank)

Delaware
Trial Pleadings

Requests Court award damages, impose trust or rescissory damages, cause a transferred interests' accounting, assess costs and attorneys' fees against plaintiffs and award interest because plaintiff: breached fiduciary duty; breached trust; wrongfully exercised control over transferred interests; committed elder financial abuse; committed fraud, deceit and fraudulent inducement; intentionally inflicted emotional distress; dispute transferred interests; was unjustly enriched

Del. Code Ann. tit. 6 §18-111 and §18-1001

Delaware
Trial Pleadings

Requests Court deny motion because an expert's opinion on the nature and history of the joint bank accounts is helpful and admissible

(Intentionally Left Blank)

Delaware
Other Materials

Petitioners and Respondent state to Court: trial attorneys; nature of action and background; facts admitted without formal proof; issues of fact to be litigated; relief requested; issues of law to be litigated; petitioners' and respondent's witness lists; subpoenas to be issued; joint exhibits with objections; estimated trial length; sequestration request; pretrial evidentiary issues; pleadings to amend; pretrial motions or memoranda; special problems; settlement negotiations certification; trial date

(Intentionally Left Blank)

Delaware
Trial Pleadings

Because estate lacks assets to pay its debts, requests Court: schedule Show Cause hearing; order respondent to maintain property and lower listing price; appoint petitioner to oversee property sale

Del. Code Ann. tit. 10 §341 and tit. 12 §2702

Delaware
Trial Pleadings

Requests: Court Office arrange for Chancellor recusal; Court overrule discovery request denials and schedule four days of trial time because issues will take more than three and a half hours to present

Del. Code Ann. tit. 12 §49A-114 and §49A-108(b) and tit.10 Ch. 3 and Ch. 5 and tit. 25 Ch.40 §4001(b)(6) and Del.R.Evid. 502(d), (d)(6) and 609(b), (c)

Delaware
Trial Pleadings

Argues Court must deny motion because defendant can testify, plaintiff acted in a fiduciary capacity, there was no donative intent, transactions were not gifts, counterclaims are not barred by doctrine of laches

(Intentionally Left Blank)

Delaware
Trial Pleadings

Requests Court: deny motion; revoke all document transfers by financial advisor including Power of Attorney and Executor; impose No-Contact order on financial advisor, his associates and attorneys; grant plaintiff's assets to her son; award guardianship to plaintiff's son; award financial relief; invalidate transfers of plaintiff's assets to financial advisor; impose sanctions against financial advisor, his associates and attorneys for contact or dealings with plaintiff; order return of all plaintiff's investment capital

(Intentionally Left Blank)

Delaware
Civil Case Pleadings & Materials

Requests: Financial Advisor/Executor be removed; originals /copies of elderly client's financial records and assets be returned; a No-Content Order be issued; damages awarded for expenses and litigation (2011)

Delaware Code. §2 580, §22581 2, §2583, §2584; Delaware Code. Chapter 151; Delaware Code. Chapter 26; Delaware Code. Chapter 29 §5805

Delaware
Trial Pleadings

Requests Court: invalidate asset and properties transfers; impose no-contact order; sanction defendant/his associates for return of capital obtained with power of attorney; rescind power of attorney and executorship; award transfer of deed, all assets and guardianship to son; file action with Disciplinary Council for collusion (2011)

Delaware
Other Materials

Argues Court must find draft report requires no modification because: plaintiffs failed to carry burden of persuasion on causes of action; court applied evidentary standard for document authentication; deed was determined to be valid

Del.R.Evid. 901 and Del.Code Ann. 10 §121

Delaware
Other Materials

Argues Court must affirm final report because: decedent executed deed after receiving independent legal counsel; trial evidence discredited plaintiffs' evidentiary evidence; plaintiffs failed to show existence of an enforceable oral promise

Del.R.Evid. 901

Delaware
Trial Pleadings

Recommends Court invalidate 2006 estate documents, rescind and invalidate questioned transactions, award damages and grant relief because: 2006 estate documents and questioned transactions were products of undue influence; attorney did not recall meeting decedent the same day he signed power of attorney document; decedent suffered cognitive decline after 2004

(Intentionally Left Blank)

Delaware
Trial Pleadings

Requests Court: issue No-Contact order on behalf of elderly client; order all financial records, assets and copies be returned; order financial advisor's name removed from elderly client's documents, including Executor status; order compensatory damages; report financial advisor's attorney to bar association and Office of Disciplinary Council for allowing elderly client to sign documents under duress and without legal representation

Del. Code Ann. tit. 6 §2 580 and §22581 2 and §2583 and §2584 and Del. Code Ch. 151 and Ch. 126 and Ch. 29 §5805

Delaware
Other Materials

Argues Court must invalidate 2006 estate documents, rescind and invalidate questioned transactions, award damages, and grant relief because: power of attorney is invalid; after 2004, decedent lacked requisite cognition; decedent's son is not collaterally estopped

Del. Code Ann. tit. 12 §3901

Delaware
Trial Pleadings

Recommends Court grant motion for summary judgment because facts, affidavits, and evidences show misrepresentation, fraud, conversion, concealment, estoppels by conduct and estoppels by deed

(Intentionally Left Blank)

Delaware
Trial Pleadings

Argues Court of equity must not ignore: perjury; false testimony; money laundering; deceit; misuse of courts; self-dealing; financial exploitation of elderly disabled beneficiary. Requests Court award remainder of revocable trust to respondent (2009)

Delaware
Trial Pleadings

Requests Court deny motion and enter order appointing special discovery master with costs of master split among parties (2007)

Del. Code Ann. 31 §3913

Delaware
Complaint, 2006, 2 pgs
Trial Pleadings

Alleges elderly adult unduly influenced to alter last Will. Requests Trust be distributed to original beneficiaries (2006)

Delaware
Trial Pleadings

Requests Court deny motion because: documents probative; out-of-court statement by infirm adult exception to hearsay rule. Affirms decedent's condition. (2004)

Delaware Rule of Evidence 801(c ) and 803 and 803(3) and 807 and Del. Code Ann. 11 §3516 and 31 §3902 and 16 §1131 and 31 §3913 and 16 §1136

Delaware
Complaint, 2014, 11 pgs
Trial Pleadings

Alleges: violation of resident's rights; false imprisionment; theft; RICO; conspiracy; conversion; unfair and deceptive trade practices; breach of fiduciary; fraud; unjust enrichment; negligence

Fla.Stat. §26.012 and §47.011 and §400.022(1) and §772.11 and §772.103 and §772.104(1) and §772.103 and §772.103(1), (2), (3) and §501.204(1) and §501.211(2) and §501.2105 and §709.2114(1), (2)

Florida
Complaint, 2014, 4 pgs
Trial Pleadings

Alleges defendant retaliated against plaintiff for participating in an investigation and disclosing defendant misspent grant funds received from federal and state agencies

Fla.Stat. §448.01 et seq. and §112.3187 et seq. and §448.101 et seq. and §112.3187(9) and §448.103

Florida
Complaint, 2013, 31 pgs
Trial Pleadings

Alleges: abuse of process; malicious prosecution; defamation per se; slander per se; intentional infliction of emotional distress; breach of declaration of covenants and request for specific performance; willful noncompliance with requests to inspect records; breach of fiduciary duty; breach of good faith and fair dealing; civil conspiracy

Fla.Stat. §720.305(1) and §720.303 and §720.303(5), (5)(b)

Florida

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