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Prosecuting elder financial abuse ... & statute of limitations?

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quest42

Member
What is the name of your state?What is the name of your state? California

My step-mother owned real estate, personal property, and investments worth millions a few years ago. Now she is distitute.

A real estate salesman befriended her, got a power of attorney, sold her property... and took care of all her accounts... cleaned them out!

We reported this to the county (Public Guardian) as soon as we knew something was going wrong (mid-2003). So far, they have not done much, if anything. The perpetrator still has a real estate license!

My stepmother was instutionalized in 2003 for dementia, and the county is paying all her bills. Apparrently, it is cheaper for them to take care of her, instead of prosecuting the thief!

We can't afford to hire an attorney...

What course of action can we take to get attention on this, to prosecute him, and recover her assets? The County Public Gudardian's office says they are working on the case with the DA and County Counsel.

What's the statute of limitations?
 


quest42

Member
Her assets belonged to an AB trust -- originally from my father's estate in 1988 -- he died in 1994. There are five siblings who are the remainder beneficiaries in that trust. The real estate guy took ALL the assets from that trust. What's our recourse?

Do we just sit by and wait for the DA to do a criminal prosecution?

How do we establish our claims?
 
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BlondiePB

Senior Member
quest42 said:
Her assets belonged to an AB trust -- originally from my father's estate in 1988 -- he died in 1994. There are five siblings who are the remainder beneficiaries in that trust. The real estate guy took ALL the assets from that trust. What's our recourse?

Do we just sit by and wait for the DA to do a criminal prosecution?

How do we establish our claims?
Who is the trustee of the trust? Did you not think a trust here was important information?
 

quest42

Member
My stepmother was the trustee of the AB trust set up in 1988 by my father. She was apparently embezzled by the real estate guy in 2001-2003...

We filed a police report on that in mid-2003.

We had filied for a conservatorship in early 2003, then she was declared incompetent and insolvent in mid-2003 by the court. Now the Public Guardian is her trustee.

Several millinons in assets formerly held by the trust were apparrently embezzled by the real estate guy.
 

BlondiePB

Senior Member
quest42 said:
My stepmother was the trustee of the AB trust set up in 1988 by my father. She was apparently embezzled by the real estate guy in 2001-2003...

We filed a police report on that in mid-2003.

We had filied for a conservatorship in early 2003, then she was declared incompetent and insolvent in mid-2003 by the court. Now the Public Guardian is her trustee.

Several millinons in assets formerly held by the trust were apparrently embezzled by the real estate guy.
The guardian, who is now also the trustee, is the only one that has the power to do anything about this. Therefore, my first reply stands. You/we have no course of action in this matter.
 

quest42

Member
Thanks.

I suppose the only thing we can do now is assist the Public Guardian, County Counsel, and District Attorney in prosecuting the embezzlement from the trust. We have delivered our family legal documents to them.

Is that sufficient to establish our claim as remainder beneficiaries?
 

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