Gina Gilbert of Etowah County (Alabama) was ordered to return more than $3.8 million to her mother’s estate as a result of a court case decided in September 2019 in Etowah County Circuit Court.

Gina, having being named a co-conservator of her mother’s estate, has been found to have failed to property account for the funds and assets under her control.  Circuit Judge George Day Jr. ruled that Gina “breached her fiduciary duty to her mother’s Conservatorship estate.

While Gina was co-conservator, she also assumed control over custodial accounts for the benefit of her mother’s granddaughter.

Originally, Gina filed a petition with the probate court in August 2017, alleging that more than $9 million came to her during the previous three years of her conservatorship and that only $2.57 million remained in the conservatorship estate.

In February 2018, the case was moved from probate court to circuit court, and a Gadsden attorney was appointed as guardian ad litem for the incapacitated mother.

The following month, the woman resigned as co-conservator and paid $1.34 million into court, attributing $305,899.71 for a return of payments to her personal credit card, $760,000 to her personal E*TRADE account and $275,000 to transfers out of the conservatorship directly to herself.

The court also awarded a judgment against Gina in relation to the custodial accounts for $393,509.44.

After the court accepted the woman’s resignation, an attorney from Fort Payne was appointed as a successor conservator for Gina’s mother.

Elder financial exploitation is a pervasive problem.  What’s most distressing is this type of fraud is most often committed by someone trusted by the victim.

Make sure you select the right person to handle your affairs.  And, should that person become where you no longer can trust or depend on them, update your documents to have that person name removed.