Buffalo Radio: Talker Tom Bauerly Sued Over Mother's Estate

WBEN-AM talk show host Tom Bauerle is accused in a lawsuit filed by his siblings of taking advantage of his dying mother’s state of advanced illness to gain power of attorney from her and cut them out of their portion of her estate.

The Buffalo News reports the siblings, Richard Bauerle and Barbara Mattucci, filed the lawsuit in State Supreme Court last week. The three siblings were to share the estate of their mother, Dorothy Bauerle, equally. But Tom Bauerle, despite providing little care for his mother before her hospitalization in December of last year, insisted on living with and caring for her in the final months of her life. She died in early March, according to the complaint.

In January of this year, Dorothy Bauerle “acting under duress, undue influence and the fraud of defendant, Tom Bauerle, and without capacity to do so, executed a power of attorney for solely the defendant, Tom Bauerle, and purportedly eliminated his brother, Richard G. Bauerle, as power of attorney,” according to the lawsuit.

The siblings, who are represented by attorney Terrence M. Connors, presented text messages from Tom Bauerle, including “Cognitive a bit off” and “Old lady confused,” as evidence that Tom Bauerle was aware that Dorothy Bauerle did not have the mental capacity necessary to execute a power of attorney, giving control over her bank accounts to Tom Bauerle.

Beginning in late January, Tom Bauerle is accused of making large withdrawals from multiple accounts controlled by Dorothy Bauerle – $111,279; $197,139; $215,259; $310,266, and others – and transferred the money into accounts to be used for his own purposes.