Quick Facts:

I have an elderly woman who was coerced into selling a mineral interest. At the time she was coerced into selling the interest, there was a royalty check written to her in the amount of $67,000. No attorney was involved in the "sale".

We had originally charged it as theft of the mineral interest because the only "payment" that appeared to exist for the mineral interest was $15,000 that leftover from the $67,000 check. After the case gets indicted, we notice a paragraph in the mineral conveyance that states the victim is also transferring "all cash on hand" related to the mineral interest.

I'm worried this provision will pose a problem at trial, but at the same time its clear my victim was taken advantage of by the Defendant. Anybody see any issue charging this as Exploitation of an Elderly person under Sec. 32.53?