How a Caregiver Hijacked a Trust — and What a Title Expert Says to Watch For

caregiver fraud financial elder abuse in real estate real estate fraud Apr 11, 2026

"Trusts can be circumvented. In this case, the caregiver came in, altered the trust by doing a new amendment, and reading that amendment, it was obvious it was not drawn by an attorney because it was so self-serving."
— Scott Heisey, Title and Escrow Expert

Scott Heisey, VP, Growth Director, WFG National Title, sheisey@wfgtitle.com
sheisey@wfgtitle.com

View Full Interview with Title and Escrow Expert Scott Heisey titled ’12 Critical Points on Financial Elder Abuse in Real Estate.’

https://youtu.be/ggIyd9YyK4Y?si=UC24NfnNyjnS14xl&t=1

Scott describes a real case in which a caregiver inserted themselves into a trust through a new amendment. Key warning signs in that case:

The amendment was so poorly written that it was clear no attorney had drafted it.
The language was entirely self-serving — benefiting the caregiver at the expense of rightful heirs.
The amendment was added without the knowledge or consent of the beneficiaries.

The lesson: just because a property is held in a trust does not mean the trust is protected. If you are a family member, real estate professional, or title officer involved in a transaction where a senior's property is being transferred or sold, ask these questions before the transaction moves forward:

Where is the owner? Are they still living independently?
Are they being moved to an assisted living facility?
Have they passed away — yet the record still shows them as alive?
Is a transfer or sale suddenly being pushed through under trust authority?

Any one of these scenarios warrants a closer look before closing.

Are you navigating a trust sale, a probate transaction, or a property transfer involving an aging parent? Pat Kapowich can help. Here is what sets him apart:

More than 37 years of Silicon Valley real estate experience
PSA (Pricing Strategy Advisor) designation — a clinical, 360-degree approach to protecting your equity
Designations including CRS, GRI, ABR, SRES, CTP, and CRB
Deep network of vetted legal, title, and escrow professionals across California

Visit SiliconValleyBroker.com to connect with Pat directly, or explore The Kapowich Vault for more expert interviews on real estate protection.

Content in The Kapowich Vault is for educational purposes only and does not constitute legal, tax, or real estate advice. Laws, regulations, and market conditions change frequently. Always consult a licensed attorney, tax professional, or real estate broker before making any real property decision. Pat Kapowich Real Estate Protection — SiliconValleyBroker.com — CalDRE #00979413

How a Caregiver Hijacked a Trust — and What a Title Expert Says to Watch For

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