Asked in Estate Planning, Elder Law, Identity Theft and Probate for California

Q: Family member passed away, discovered money was stolen courtesy of the bank. What can we do?

A family member recently passed away while settling affairs we found out a family member was stealing his money by forging checks. What legal recourse do we have based on financial exploitation? He was 64 and disabled and required assistance. The banks informed us of the questionable activity at the time of death and provided us copies of the check images. We also discovered another elderly family member who is still alive also has money being stolen from him by the same family member. What do we do to protect the one still living whose money has been stolen from his bank accounts as well as recoup the money stolen from the one that is deceased?

2 Lawyer Answers
Bill Sweeney
Bill Sweeney
PREMIUM
Answered
  • Probate Lawyer
  • San Juan Capistrano, CA
  • Licensed in California

A: Presumably, identify theft has occurred. If so, you might find the following web address helpful.

https://oag.ca.gov/idtheft/facts/victim-checklist

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: I'm sorry you have had to go through that. You should set up a consultation with an Elder Law attorney. It is quite likely the family member who is stealing can be sued for Elder Abuse. (The conduct can fall within "Elder Abuse" even if it isn't physical abuse.) You could also alert the police and have the family member arrested for the forgery and theft. I wish you all the best.

1 user found this answer helpful

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