• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

$6,000 on my deceased fathers debit card

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

CdwJava

Senior Member
Reading isolated code sections without entirely understanding the elements of what constitutes the crime can be very misleading (especially when they are US Codes that have no applicability here and the feds would not touch this).

As has been mentioned, if you believe you have grounds for a civil suit, consult an attorney and find out how strong or weak a case you have.

If you feel that there was some malfeasance, speak to the police. Unfortunately, if these were transactions of less than $950 there may be little that CAN be done about them. If more than $950, then they can be felonies ... but, an intentional act of larceny still has to be proven and unless the suspect up and confesses, all she may have to do is come up with a weak but remotely possible explanation.

To make a case for any form of homicide, you will need a LOT more than guesswork and your mistaken assumption that a LANDLORD has a duty to care for her tenants. Unless such care was part of the contracted service, no such duty or obligation exists.

I again ask of an autopsy was performed? If not, then HOW do you plan to show that the landlord's action or inaction CAUSED the death? And, if a doctor signed off on the cause of death due to natural causes, such a claim will fall flat. In fact, even making it could get YOU sued.

So, hie thee to a barrister and provide him or her with what you have and see what they have to say.
 


greggers

Junior Member
id be happy with her being in prison for financial elder abuse, identity theft, fraud, forgery, conspiracy
 

LdiJ

Senior Member
id be happy with her being in prison for financial elder abuse, identity theft, fraud, forgery, conspiracy
Again, this is not identity theft so drop that as it makes it less credible for you. At this point, your possibly stronger case would be for elder abuse. For both the theft and the refusal to call the paramedics when he asked for it.
 

CdwJava

Senior Member
id be happy with her being in prison for financial elder abuse, identity theft, fraud, forgery, conspiracy
First, there has to be a police investigation. That will require evidence of larceny. As I said previously, if these are misdemeanors it becomes difficult. And the offenses you so blithely outlined above would probably not all apply. But, it's moot if the police won't investigate.

A civil suit has a lower burden of proof, but, that would cost you a LOT of money out of pocket to pursue - several times more than the stolen $6,000. Small Claims might work, but you still bear the burden of proof.

And, fOr the third time, WAS THERE AN AUTOPSY??

Also, WAS THERE A DOCTOR THAT SIGNED THE DEATH CERTIFICATE FOR NATURAL CAUSES??

If you cannot answer these two questions, find out. If the answer to these is "No", and, "Yes" then a criminal case as to the death is virtually DOA.
 
Last edited:

Dandy Don

Senior Member
The reason your earlier reply (the one you spent 20 minutes making) was revised or deleted is that you probably put some identifying details in there about the person or the place of business that you are complaining about, which is against the rules here. Someone could probably identify the business you are referring to, with a little bit of investigation. Your dispute with this person or business should properly be done in court, not on this message board.

Did your father have an estate that was probated at the county courthouse probate court or was probate not done or not required because he didn't have any assets to be probated?
 

not2cleverRed

Obvious Observer
We're on the second page, and a question still hasn't been addressed by OP: why hasn't the bank been informed of OP's father's death and the account frozen if the father was the only name on it?

Don't most people do that?!
 

greggers

Junior Member
the bank was notified, and they had the death certificate, at one chase branch the manager told me he faxed all the paperwork (death certificate, affidavit for collection of personal property, the transactions done by christina, etc..) he told me that he will freeze the account , chase is doing an investigation and call back in two weeks, i called in two weeks, he says chase is still investigating, call back in two weeks, i did same answer, i went to another branch and spoke with chase manager, i informed him of whats been going on, he then calls chase to find out that chase was never notified and has no paperwork or no faxes of anything to do with my fathers account, so when for the last month i was told by the other branch manager the account was frozen, it wasnt, transactions continued, so now here i am starting all over again

the coroner says respiratory failure, same diagnosis as the two prior tennants at the room and board m they both had respiratory issues
 

greggers

Junior Member
the account has been frozed, i have closed the account, and issued a check from the claim , that was over $1,000 short
 

greggers

Junior Member
The reason your earlier reply (the one you spent 20 minutes making) was revised or deleted is that you probably put some identifying details in there about the person or the place of business that you are complaining about, which is against the rules here. Someone could probably identify the business you are referring to, with a little bit of investigation. Your dispute with this person or business should properly be done in court, not on this message board.

Did your father have an estate that was probated at the county courthouse probate court or was probate not done or not required because he didn't have any assets to be probated?
no he did not have assets
 

justalayman

Senior Member
the account has been frozed, i have closed the account, and issued a check from the claim , that was over $1,000 short
You issued a check "from the claim" ? What does that mean?

And $1000 short; you seem to be leaving out a lot of info.

How did you close the account?

If you issued a check from your father's account, how did you become personal rep of his estate so that you could do anything with his account?
 

justalayman

Senior Member
t

the coroner says respiratory failure, same diagnosis as the two prior tennants at the room and board m they both had respiratory issues
respiratory failure is a very common cause of death in the elderly. Just because several elderly people passed from respiratory failure and they stayed in that room does not mean something in that room caused the death. Do not mistake coincidental issues and contributory issues.
 

FarmerJ

Senior Member
Greg even though im not very awake , Im wondering if you have spoken to your states ombudsmans office for vulnerable adults ?
 

CdwJava

Senior Member
Greg even though im not very awake , Im wondering if you have spoken to your states ombudsmans office for vulnerable adults ?
Unless dad was in a care home that was covered by the state's health services, I don't see that an ombudsman here in CA would be of much help.

If greggers believes he has a civil suit, he can speak with an attorney or sue in Small Claims Court (provided he can show that he represents the deceased's estate), and if he believes a crime has occurred, he can and should speak again to the police.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top