Unauthorized use of a bank card

[Gregam1958]

What is the name of your state? North Carolina

 

[Gregam1958]

My friend's husband passed away on Jan. 2, 2024. When he went into the hospital his daughters took his phone and his wallet, which contained his bank card. The day after he passed away, ATM withdrawals began taking place and my friend has two different bank statements since January that show multiple withdrawals. Since N.C. law states that the first $60,000.00 of an estate goes to the surviving spouse, the daughters had no legal right to go into their father's account and withdraw funds up to $10,000.00. After multiple requests from my friend, the daughters did not return the phone and the wallet to her. They then later claimed that it must have been misplaced the last time that she asked for the wallet and phone. My friend was granted access to her husband's bank accounts around the 20th of January. The last withdrawals occurred on the 16th and 17th of January. The daughters were advised by the Clerk of Court in the beginning that they had no access to the estate because their father's estate did not exceed the $60,000.00 that the law provides for the surviving spouse, whether it be bank accounts, personal property, etc. What type of attorney does she need to retain in order to bring charges against the daughters for hijacking the bank accounts and basically stealing money from her?

 

[quincy]

My friend's husband passed away on Jan. 2, 2024. When he went into the hospital his daughters took his phone and his wallet, which contained his bank card. The day after he passed away, ATM withdrawals began taking place and my friend has two different bank statements since January that show multiple withdrawals. Since N.C. law states that the first $60,000.00 of an estate goes to the surviving spouse, the daughters had no legal right to go into their father's account and withdraw funds up to $10,000.00. After multiple requests from my friend, the daughters did not return the phone and the wallet to her. They then later claimed that it must have been misplaced the last time that she asked for the wallet and phone. My friend was granted access to her husband's bank accounts around the 20th of January. The last withdrawals occurred on the 16th and 17th of January. The daughters were advised by the Clerk of Court in the beginning that they had no access to the estate because their father's estate did not exceed the $60,000.00 that the law provides for the surviving spouse, whether it be bank accounts, personal property, etc. What type of attorney does she need to retain in order to bring charges against the daughters for hijacking the bank accounts and basically stealing money from her?

Did your friend report the theft to the police? I would start with that.

 

[Gregam1958]

Did your friend report the theft to the police? I would start with that.

No. I don't think she even realized that she had that option. The Clerk of Court advised her to retain a lawyer; however, the only lawyers I've been able to research for her are practicing criminal defense, and we need a prosecutor.

 

[quincy]

No. I don't think she even realized that she had that option. The Clerk of Court advised her to retain a lawyer; however, the only lawyers I've been able to research for her are practicing criminal defense, and we need a prosecutor.

She doesn’t need a lawyer to report the theft to the police. The police will investigate the complaint and the daughters can be charged.

Or she could hire a lawyer to help her in filing a lawsuit against the daughters, to recover her losses.

 

[AlmostThere]

A couple of questions -
Did your friend's husband have a will?
How much is your friend's husband's estate worth?
Who are you in all of this?
You keep referring to the daughters as his daughters. Are they girls your friend's stepchildren?
Who are you in all of this, and does your friend know you are publicizing their tragedy and aftermath online?

And your friend's first step is to make a police report. If she is unwilling to do that, she would rather keep the peace with her (step?) daughters, which is your friend's choice.

 

[Gregam1958]

A couple of questions -
Did your friend's husband have a will?
How much is your friend's husband's estate worth?
Who are you in all of this?
You keep referring to the daughters as his daughters. Are they girls your friend's stepchildren?
Who are you in all of this, and does your friend know you are publicizing their tragedy and aftermath online?

And your friend's first step is to make a police report. If she is unwilling to do that, she would rather keep the peace with her (step?) daughters, which is your friend's choice.

He had a will, but the Clerk of Court overrode part of the will due to the surviving spouse's allowance of $60,000.00. His estate did not come to that much. Two things that hold up in the will are the life estate of the house to his wife, since her name was not on the deed. Also, any residue left from the estate is to be divided equally between his wife and his daughters. They are her stepdaughters. With this money that has been unlawfully taken from his account, I don't know what the Court will decide. My friend fully intends to prosecute.
My friend knows that I am researching information for her and I have told her that I have been online looking for answers. She has contacted the police and they have taken pictures of all of her documents, secured everyone's phone number and address, and said they will be contacting the daughters and her husband's brother.
I began my relationship with them as being hired by her husband to take care of her while he was on the road and we all became friends. If they needed anything they knew they could call me. I took both of them on numerous doctor visits and other trips. Due to his health in the past couple of years, he was off the road more and more and could not pay me. As we were friends, I told him it didn't matter. I live within 5 minutes of their house so it wasn't much trouble to get there if they needed me.

 

[quincy]

He had a will, but the Clerk of Court overrode part of the will due to the surviving spouse's allowance of $60,000.00. His estate did not come to that much. Two things that hold up in the will are the life estate of the house to his wife, since her name was not on the deed. Also, any residue left from the estate is to be divided equally between his wife and his daughters. They are her stepdaughters. With this money that has been unlawfully taken from his account, I don't know what the Court will decide. My friend fully intends to prosecute.
My friend knows that I am researching information for her and I have told her that I have been online looking for answers. She has contacted the police and they have taken pictures of all of her documents, secured everyone's phone number and address, and said they will be contacting the daughters and her husband's brother.
I began my relationship with them as being hired by her husband to take care of her while he was on the road and we all became friends. If they needed anything they knew they could call me. I took both of them on numerous doctor visits and other trips. Due to his health in the past couple of years, he was off the road more and more and could not pay me. As we were friends, I told him it didn't matter. I live within 5 minutes of their house so it wasn't much trouble to get there if they needed me.

I am glad your friend contacted the police.