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File criminal charge for financial elder abuse if elder is deceased?

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Whiskee8

Junior Member
What is the name of your state (only U.S. law)?
California

Can I file criminal report for fraud/financial elder abuse if the elder is deceased and the trust is still currently open? Will DA pursue case?

I understand statute for embezzlement is 3 years and has expired, but fraud is 4 which may expire this month.

Situation:
Mother died in Feb '05. Discovered large sum of money in several checks issued to daughter. Daughter had mother sign blank checks. Daughter filled payee and amount to herself from 98-2005. Mother in '98 was 77yrs. Dementia diagnosed in 2001.

Post by BelizeBreeze in similar case 2/1/07 'since trust is continuing, there is no Statue of Limitations in effect presently'. Is this correct?

-Does the trust have to be open?
-What if trust is open when charges filed, but closed by trial?
-Can we keep trust open after distribtions made?
-What if trust is closed?

Petition against daughter in probate trial, but abuse was not allowed to be presented. Currently awaiting judge's decision, but doesn't look good, so looking to pursue the matter criminally.
 



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