Dear Mr. Premack: My parents listed me as Executor in their Wills, and they left all their assets to each other. Shortly after my father passed a few weeks ago, my brother coerced mother into giving him $50,000. She’s had mini-stokes and her memory is bad. I closed the bank accounts that dad, my mom and I were on so he can’t get into them. However, their house (valued about $75,000) is in dad's name only. Will a muniment of title help keep it out of my brother’s reach? What can I do to be in charge of mother's finances to keep him from wheedling her into something else? She needs her money for her own care. – MC

Your mother may have been reacting with concern to a problem being suffered by one of her beloved children. Or she may have been coerced and illegally exploited. State law does not require you to decide which scenario is true, but it does require that you report to Adult Protective Services (APS) when you have cause to believe that an elderly person is being abused, neglected or exploited.

Under Texas law, exploitation is improper use the resources of an elderly (or disabled) person for benefit, profit, or gain of a caretaker, associate or family member without informed consent from the elder. If your mother did not, in fact, give informed consent for this transfer of money then she was exploited by your brother.

Contact APS by calling 800-252-5400 or by going online to www.TXabusehotline.org. Your report is confidential. They will investigate promptly and determine what legal actions can be taken to help resolve the situation. At the least it will put your brother on notice that illegal exploitation will not be tolerated.

As to the house, your mother could be further defrauded unless you take fast action. Though title belonged to your father, ownership passes to your mother. You are happy to acknowledge her ownership, but are concerned about control of the property so that your brother cannot further exploit her frailty.

You should act quickly to probate your father’s Will. Do not use the muniment of title process; it would vest title directly into your mother’s name. She would have control, which might open her to exploitation. Instead, apply for "letters testamentary" to become Executor of your father’s estate, since you were nominated for that position in his Will. As Executor, you control the house title until the time is right to disburse it.

To remain in charge of your mother’s financial decision-making over the long-term, there are two choices. If she is clearly competent, you can suggest that she establish a living trust naming you as Trustee. She can put title to the house and accounts into the trust, held for her sole benefit as long as she lives. As Trustee, control of her assets would be in your hands. Since she then has no direct access to her assets, further exploitation by your brother is blocked.

On the other hand, if she is clearly not legally competent you can seek court appointment as her Guardian. The process will protect her civil rights, but is public and expensive. If appointed, you’ll control her finances subject to the court’s approval of expenditures and review of her accounts annually. She’ll have no control of her assets, so your brother’s further efforts at coercion would be fruitless.