From: Anders, James
Sent: Sunday, November 27, 2022 2:16 PM
To: Anders, James
Subject: VonUlrich

1514 Burke Road Baltimore Maryland 21220 – Freeze Accounts of Andrew von Ulrich – Elder Financial Exploitation investigation

History and facts – last 10 years

After my mother died – and prior to her death – for 45 years of marriage – I was essentially the only child living near them or actively in their day-to-day life. I participated in their day-to-day life (especially in navigating any legal or financial or transaction type events) – including all of their estate and financial planning. It became clear – that after years of marriage, separating assets into two buckets – his and hers from prior to marriage made no sense and they comingled all assets. Ninety percent of all assets came from my mother and her family (She had several houses – and money from her parents and an aunt). However, having been married for years and aging togethers as well as the legal documents and process required to prepared and maintain separate assets but to also provide for lifetime care for each other was no longer important. What was priority and important was care for life for both and sharing any remaining equally among 4 children – without exception even if the relationship was stressed or even estranged. I being a CPA (as was my mother), I participated in on all estate discussions and Wills and titling of assets. It was a focus and not a neglect of Regina von Ulrich or Andrew von Ulrich. They understood the importance of making sure their wishes were reflected in any documents. All Wills and all accounts were set up – and I participated in the strategy – to pass any remaining assets by way of beneficiary designation – and that remaining dollars were to be divided (I have copies) into 25% percent to each child. Much discussion happened around Christine in the early years as she was estranged from Andy and my mother. However, that became a topic that was decided about 15 or 20 years ago – the decision was --- all would be included. However, primary was care for life for both – and preservation of monies. All the trust and all the legal efforts to keep my mother’s money separate was stopped – although there are many Wills which had those conditions included. Andy and my mother committed to each other in front of me – and the attorneys (at that time) that they would never violate the joint wishes as a sole survivor. Melanie and I were always the two designated to insure this.

After my mother died and Andy was living alone – I visited regularly and had dinner – and watched (or pretended to watch and enjoy) his old movies. There were a few things that were important to him (he was a simple man of needs) – however, he knew that he needed to move to be supervised and monitored - for reasons related to age but also to a health diagnosis (to be highlighted below). I was – other than my mother – the only person who knew his health issue and prognosis (and also the cause of his death – however he was age 94 and had lived longer than the average from his cancer and the prognosis from the medical professionals).
We discussed Erickson Retirement Communities as an option – as I was a founding member of the Board of Directors for 21 years during the start-up and growth phase (built into a National Company) and we established the CCRC national community model of care and financing for seniors and a model designed for aging in place - (Continuing Care Retirement Community). I also Chaired the board of directors. However, he didn’t want to live in an old age home as he called it (BTW our communities are not old age homes and are very healthy active communities 😊). I also know things like - he had a face lift in his 60’s – again only my mother and I knew of this. He was a proud person and he wanted to live in the in-law cottage I had built for aging-in-place – which was only10 steps to my front door but independent living with safeguards and 24/7 monitoring.

Christine von Ulrich’s framing of the last 4 to 5 years as motivated by her goals – did not reflect the last 45 years or even the last 7 years. She doesn’t know the history and was not involved. She only started limited visits during the last 5 years. Although they had some prior contact over phone and internet – and an few visits by Andy to their houses to spend time – a few holidays. After a few visits – Christine talked to Andy about buying a house with (for) her and Andy to live – in Richmond VA. That was 4 or 5 years ago. Andy visited her – and came home upset – that Christine wanted him to move into a house they would purchase and she would take care of him. He wanted nothing to do with the idea – and said he wanted to stay in the in-law cottage. He was not happy at her persistence.

The Cottage is on a waterfront property with waterfront views – designed and built based on Erickson Retirement Community standards – note my son and I are both certified aging in place specialist. The Cottage was built for my mother in-law – and was designed as an aging in place cottage with a full bath and laundry and bedroom and kitchen – with all the safety features including an intercom system linked to my house. The front door is 10 steps from my front door and could be monitored 24/7. That is how I was able to find withing the day - Andy when he died. It has an emergency generator – internet – and all the features of senior living cottage – all on one level (no steps or obstacles). It has a separate HVAC system and a back-up generator for power. This was built special for aging in place seniors – and family. It is not a rental.

Andy was living in a mobile home park – double wide with my mother when she died. It was 30 minutes from my home and I was the only relative nearby. It cost him $600 a month to rent the pad (land space only) plus utilities and maintenance – he was spending more than $1,000 a month.
I was called regularly by park management if something happened. The park management called often – as Andy was often reported by neighbors for exposure or peeping Tom concerns. I would talk to Andy and he indicated he was outside peeing in the bushes. I of course told him he could not do this. Melanie living in Florida was called as well (She and I had always been the people to notify) – but all she could do was call me. Christine was not involved in his life at the time. When my mother-in-law died – Andy asked if he could move into the cottage – indicating he needed a place as he was getting older – it was also helpful to me – since we could monitor 24/7. I helped and my family helped – with selling the mobile home – and moving him. He liked the furniture my mother-in-law had – and he said he wanted the bed, living room furniture and kitchen table/chairs – including the recliner my mother-in-law had (ironically mentioned by Christine as Andy’s – of course she had no idea since she was not involved – it is soiled and trash at this point). Andy was also monitored by our neighbors – we are a waterfront community on a peninsula and at the very end of the peninsula. If he fell walking – neighbors would bring him home. They all knew him.

Christine didn’t know any of the history and definitely doesn’t know that the Cottage was built as am aging-in-place Cottage for our family (however it has a sign – and painting of a lighthouse – with the word’s – Granny’s Cottage 😊). Comments about rushing to get things removed so I can rent the apartment demonstrates her behavior of quickly removing all valuables and paperwork that contained anything that suggested she exploited Andy or any evidence of her actions. I told her no rush. We documented all phones calls – have all text and emails – and they are enlightening (especially during the first 2 weeks after he died). Melanie had no idea at that point of the changes made. And could not understand Christine’s insistence on need to quickly remove anything he had in his apartment. Of course, given the fiduciary responsibilities we all have to the estate – including Christine – simple elements such as an inventory of all assets in the apartment – jewelry, rare coin collects, silver and others – never happened. In one day – Christine came in an removed all valuables and the laptop with all his information and bank accounts – and did not remove anything that was trash. It should be noted, we have documentation of all calls – especially the 2 weeks immediately after his death – her many text asking to visit immediately to clean out his apartment – again we said no, there was no rush and we had time – plus we were going to sport events with out grandchildren. Her insistence and many texts suggest she wanted to get something out of the apartment quickly. Very odd – even Melanie said that there was no rush (until 2 weeks later when Christine told her that everything was now in only their names – changed during the last 3 years) Melanie then went “radio silent”.

Health Information and Cause of Death – known only to his doctor and myself – and the coroner.

Andy was in final stages of Malignant Neoplasm of Prostrate. Diagnosed about 15 years ago – but he is now at age 94 – and during the last 5 years – it was obvious he was slowing down significantly and impaired – all of his senses were significantly declining. Andy had a hard time hearing, his eyesight had deteriorated (he could not read without telescope lenses – and then only very slowly), he slept much of the day – and he was very slow understanding or knowing what he was being told. He spent a lot of money (which we paid on our account) playing with the TV and purchasing streaming services or movies or whatever – and even though he could not see TV well. He had an added speaker – that was so loud that we could hear from our house 😊. His walk was a shuffle and only very short shuffle steps. He cognitive understanding was slow – but he also never wanted anyone to know. When telling him something he often just said “yes” or “ok” – and I never knew if he really understood what I said.
I knew he had terminal cancer – he knew he had terminal cancer – and we all knew that when age 80 – maybe this slow cancer (not treated for age and protocol reasons 15 years ago) would give him 5 to 7 years – but he wanted to be somewhere – like this Cottage where we would monitor him 24/7. His wallet had 2 phone numbers for emergency contact – My wife and my phone number (no others). The night we found him – the police was at our home for 6 hours – and we needed his files and wallet – and the police had full access to everything as well. The last 5 to 7 years – Andy knew he was deteriorating – and the visits 3 or 4 times a year by Christine for a day would not provide her information into Andy (other than he was fragile and very slow) – but he condition and her not engaging much as he was maintaining his daily routine while she did whatever she did - allowed her to purchase a new laptop and work the entire day while Andy slept mostly or watched TV (most listened) while she sat on patio – going thru his files – and changing the banking verification numbers to her phone – or including her number as well. She had full access to all his passwords and accounts – and honestly, we all trusted her intentions – even though she was not a very social person with anyone while visiting – we knew that was just her.

The death certificate – which I have. I was managing his affairs and called the police and worked with the coroner. The police contacted his primary physician based on the records we provided that night. This was not important and Christine would not really know - she didn’t live with him nor did she have information or history. She did not know what caused his death and would never have guessed it was the cancer. She continued to ask during the 2 weeks we talked – do I know what caused his death. Without the coroner and his primary care physician – I didn’t discuss his medical history or condition with her.

Andy had all the signs of end of life and was in final stages of his malignant cancer and cause of death. In addition to not recognizing people (unless he saw them regularly and even then, it took him time to study to person), he was fatigued, maintained a routine and he had cognitive impairment. Cognitive impairment is a key factor in why older adults are targeted and why perpetrators succeed in victimizing them (most often relatives are the perpetrators – a very classic and documented statistic) . Even mild cognitive impairment (MCI) can significantly impact the capacity of older people to manage their finances and to judge whether something is a scam or a fraud. Mild cognitive impairment is an intermediate stage between the expected cognitive decline of normal aging and the more serious decline of dementia.13 Studies indicate that 22 percent of Americans over age 70 have MCI and about one third of Americans age 85 and over have Alzheimer’s disease. At age 90 to 94 – and being in the absolute final stages of cancer – Andy was a prime and easy target. However, I and Melanie knew the 45-year plan and goals of my mother and Andy (However, Melanie is now compromised – during the first 2 weeks after Andy’s death Melanie was clear on the wishes and plan as outlined for 45 years).

Will and Beneficiaries

As indicated earlier – every estate decision ever made was done with intent – and a significant amount of money was spent on legal fees – mostly to avoid this exact situation – but also to save on taxes. Their estate is not of a size that really needed much planning – however both my mother and Andy wanted to avoid conflict – how ironic this is just what they wanted to avoid. Christine during the first 2 weeks after Andy’s death said a few things that indicated she was struggling with the process and how to even tell Melanie and I of what has been changed during the last 3 years – and to somehow express it as she had no idea until now. Ironically, when she discussed it with the attorney helping with probate – she had information about the last 3 years? 🙂 I was the one that said she better get expert help with probate given the situation – and she called the local firm who helped make the changes to the Will 3 years ago – a Will of no value since all of the estate has been changed to reflect different beneficiaries – and to enrich Christine. I also recommended that his pension might have a life insurance element – and she called. From a fiduciary point of view – we want all assets accounted for. I actually think Christine and Melanie would benefit from a collective mutually friendly settlement of the estate – as we were doing for the first 2 weeks after Andy’s Death – prior to learning what Christine has been doing. However, the Will is not as important – and not material – since all assets have been removed from the estate (except maybe one bank account). It should be noted this strategy to designate as beneficiaries the heirs (all 4 children – 25% each) was planned long before Christine arrived back in Andy’s life – and was done with Andy and my mother and myself. What was changed during the last 3 years – as a fragile – late-stage cancer and 94-year-old man slept – were the beneficiaries. This now requires active forensic investigation by the Federal and State agencies – the banking regulators – the financial institutions – and honestly the involvement of national advocacy groups who are focused on a National Crisis as our population ages.

The executor has a fiduciary duty to an estate, and to its beneficiaries, when settling an estate plan. A fiduciary is someone in a position of trust and power, and the law recognizes this and so places an added burden on that person or institution to act with honesty, integrity, good faith, fairness and loyalty.
The fiduciary accepts legal responsibility for duties of care, loyalty, good faith, confidentiality, and more when serving the best interests of a beneficiary. Strict care must be taken to ensure that no conflict of interest arises to jeopardize those interests.
When administering an estate, an executor must give notice to creditors and pay the debts of the estate. The executor must also gather all assets together, prepare and file tax returns, distribute assets and close the estate. At all times, the executor must account for all assets of the estate.
Hiding and mismanaging assets, and a host of other deceptive, unfair, or negligent actions by an executor can result in litigation and could be illegal. These are crimes that federal and state regulations and various laws are designed to protest the estate and all potential beneficiaries.

We already know – fact – that assets have been removed from the estate and Andy’s legal residence – without inventory and without a valuation. Are they material in value? However, without following the process required legally in settling an estate – we don’t know for sure. I have inventory of coins – not sure it is a complete list of all the coins. However, the efforts to change beneficiaries during the last 3 years that removed two of the beneficiaries and increase the amount to 50% for both Christine and Melanie does have all the signs of Elderly Financial Abuse of:

1. A 94-year-old man in final stages of a Malignant cancer – frail and fragile – with signs of cognitive decline – significant hearing loss – and significant eyesight issues. During a 3-year period changed $500,000 in bank accounts to have Christine and Melanie be beneficiaries of entire amount – reversing 45 years of history and known intention of the deceased. There are prior estate legal documents with Register of Wills that help document – and even Melanie said she had a copy 3 weeks ago. Note: Christine told Melanie – on the phone with me – not to e-mail me what she had – email was not safe. 😊

There are list and examples of crimes published by Federal and State agencies – and this is a National Crisis.
• providing true but misleading information that influences the elder person's use or assignment of assets (Dessin, 2000);
• persuading an impaired elder person to change a will or bank accounts or insurance policy to alter who benefits from the will or policy (Central California Legal Services, 2001; Frolik, 2001; Smith, 1999);
Current Situation
During the last few weeks, Christine and Melanie have stopped all communication. Your office was investigating and just sent an email/letter. We all have a fiduciary responsibility – and as such – we have initiated and reported this situation to a number of Federal, State and Financial Authorities. One financial institution has already reached out several times. The United States Postal Service has opened a case – on Mail Fraud to investigate. They have requested that we keep all the records we have for use in their investigation. A report has been filed with the FBI – and we are waiting for triage -which might result in them referring to another Law Enforcement Agency, and The Maryland Department of Aging/Adult Protective Services also has been notified.
The urgency of removing the balance of contents is silly as they are of no value – Christine has already removed all valuables – and especially the computer laptop. I cannot release the files – but copies can be made. It is in the best interest of all concerned to be 100 transparent and to work together. We can mitigate cost of settling estate (even if we never talk again – we will be honoring the wishes of our parents and grandparents). My moral compass and North Star are to do the right thing for everyone – especially the fragile such as elderly and disabled. My goal is definitely not financial and 100% of my portion will go to legal cost or charity. For the Record: The reference to me being a millionaire and calling me a millionaire made me smile. I have only been called that once in my entire life – and that was by Christine via Melanie. Andy would never have said that or referred that – or make reference to a name “label” such as you are a millionaire. Insulting comment to me --- yes – but it does not reflect my values or my focus or who I am. That comment was from someone who does not know me – and was not said as a compliment. And if anything – Andy always bragged about my career at Kennedy Krieger Institute and my involvement at Erickson Retirement Communities. And the comment about Cristy – my deceased brother’s daughter – not being involved – that too was not Andy’s words. I would ask him about Christy – and he would say – I know Melanie talks to her and visits her – they are friends. And it was never a negative comment from Andy. Again, that was not Andy. Your investigation must have been an interview with Christine as I can hear her words in those quotes.
Proposal and next step
1. I have also been reviewing everything with two separate attorneys – and have considered engaging them – on a contingency basis.
2. The financial institutions need to continue their work – as this is serious for financial institutions – and much has been written and recent laws requiring them to take a more active role in stopping Elderly Financial Exploitation
3. The regulatory process – we have notified a few – and have a list of several others we are told to notify.
4. Advocacy groups – national – we have a list to include and have talked in the phone to 2 of them.
5. The Attorney General’s Office and state legislators – many of whom I know – need to understand how serious this national crisis has become – and if this case can be an example or help them understand the issue so as to involve the legislature – than that would be a win for me and the elderly. I am in a phase of life that impacting public policy and helping the most fragile is important to me and my last phase of career.
I know that these issues are important (I know the Elderly are fragile and at risk of abuse in so many ways. My entire life was focused on the Elderly and Disabled and most fragile of society. I know that those with disabilities and the elderly need advocates and people to look for ways to protect them from exploitation. Ironically – I never thought I would see it in my back yard. Fortunately, I personally have been blessed in life with many things – people and relationships are the most important. Blessings are not money or things – and doing the right thing ‘Always” should be our North Star.
I would hope that Christine and now Melanie would think about this – remember their duty as fiduciaries – and their legacy as well. I hope they find their North Star – and we are prepared to work with them – talk to them – and settle the estate – doing the right thing.

The Federal and State laws and regulations combined with Banking regulation and procedures - actually help those committing Elder Financial Abuse - since most are relatives - and can gain access to accounts and passwords - online changes to accounts and beneficiaries are easy. Even if the Elderly person cannot hear well or see well - and if something is required to be signed - trust of a 94 year old is easy as well. Paperless Banking also helps cover up - since no mail is received to open and see changes.

Don't trust - and always have 2 people involved - and financial institutions should not change bank accounts without notice to prior beneficiaries if the current owner is over a certain age. 94 years old is too old - statistically this person have cognitive issues.

Better oversight and regulatory control and an investigation unit that is combined efforts of State, Federal and Banking regulation. A single point that those can get help and a coordinated federal investigation - forensic in nature. Today computer trails are evidence and banks have those files and history.

We are currently in process of getting the interest of Federal and State and Banking. The amount taken is $500,000 and Andrew von Ulrich is not famous - so finding help is not easy. Ideas on who to call - all financial institutions have been notified and we hope assets frozen until an investigation is complete. Jim Anders