Legal Question in Elder Law in California

I am trying to get my niece and sister prosecuted for stealing 65K from my dying mother. The Sonoma County DA's office doesn't want to prosecute basically because my mom is no longer living and even though they have admitted doing it. I wanted to meet with the prosecuting attorney to show her all the additional evidence that I have but she is telling me I can't meet with her. She said I have to review the police report and then write a letter detailing my additional evidence or any discrepancies in the report. I though as the "victim" (I am Successor/Trustee) I had the right to meet with her. I am afaid that whatever I send in won't be looked at. No one cares at all to prosecute elder financial abuse by relatives. This is a crime! If the person was unknown to the victim they would prosecute. Do I have the right to meet in person with the prosecuting attorney? PLEASE PLEASE help me! I wish I was in San Diego County. I know Deputy DA Paul Greenwood WOULD!


Asked on 2/26/10, 12:21 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If you can't get the police to file charges, your other remedy is to start civil suit on behalf of the estate. Talk to a local litigation attorney.

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Answered on 3/03/10, 11:06 am


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