Siblings Sue Radio Host Tom Bauerle for Their Mother’s Estate

The siblings, Richard Bauerle and Barbara Mattucci, filed suit in state Supreme Court last week. The three siblings were to share equally in the estate of their mother, Dorothy Bauerle. But Tom Bauerle, although he provided little care to his mother before her hospitalization in December last year, insisted on living with her and caring for her during 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 fraud of the defendant, Tom Bauerle, and without capacity to do so, executed a power of attorney for the sole defendant, Tom Bauerle, and allegedly eliminated his brother, Richard G. Bauerle, as power of attorney,” according to the lawsuit.

The siblings, represented by attorney Terrence M. Connors, presented text messages from Tom Bauerle, including “Cognitive a little off” and “Confused old lady,” as proof that Tom Bauerle knew that Dorothy Bauerle had not the mental capacity necessary to execute a power of attorney, giving control of his bank accounts to Tom Bauerle.

Tom Bauerle transferred hundreds of thousands of dollars from accounts controlled by his mother Dorothy and his brother Richard.

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

“If I have power of attorney, this ends very soon,” read a text message cited in the complaint.

Dorothy Bauerle also signed a quitclaim deed in the final weeks of her life, giving Tom Bauerle sole control of her town of Tonawanda home, according to the complaint.

“Dorothy E. Bauerle did not have the mental capacity to direct, intend to make or deliver any gifts, including the monies withdrawn, to Defendant, Tom Bauerle,” according to the complaint.

The siblings presented other text messages showing Tom Bauerle acknowledging that Dorothy Bauerle was likely entering the final stages of her life and saying he was seeking to exclude them from the estate as proof of his intentions.

“I’m just trying to figure out how to… bring you down,” it read.

“I wouldn’t expect to get a single cent of this money,” read another.

The siblings are seeking $904,321.53 in restitution, plus interest and reimbursement of their attorney fees.

Connors declined to provide further details about his clients’ lawsuit when asked by a Buffalo News reporter. “The complaint speaks for itself,” he said.

Tom Bauerle did not respond to an email seeking comment from The News.