Legal Question in Wills and Trusts in California

August 2010 husband set up an account for wife as the beneficary.Husband gets sick. Husbands daughter had POA and took wifes name off the account and put hers on it. Husband passes away. Daughter wont give back the account. It was his wishes for wife to have this account or he wouldn't have set it up.

District Attorney has no funds at this time help wife.Wife can't afford the court cost.

This was definitely greed on the daughters part. There was plenty money left to the husbands kids.

Any advise on whom to contact for help in San Diego would be greatly appreciated.

I do believe this is elder abuse, not what the father wanted at all.


Asked on 7/11/11, 6:35 pm

2 Answers from Attorneys

ROBERTA AVRUTIN Roberta Avrutin Law Offices

Your San Diego County probably has an Elder Abuse Unit, as part of the District Attorney's office or maybe the Dept of Aging. I suggest contacting these. It sounds like you have already spoken to the District Atty's office. That office should be able to refer you to another agency or to a non-profit legal aid organization that might pursue this on widow's behalf. Be careful of organizations with names that sound like they offer legal aid to low income persons. some of these are staffed by document preparers. you will want a qualified attorney to actively pursue this.

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Answered on 7/11/11, 9:12 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

San Diego county does have an elder abuse section in the District Attorney�s office. Unfortunately, as you found out, the DA�s office, as well as other agencies, do have budget problems that prevent them from handling all of the elder abuse matters. Because of that, they have had to prioritize their cases, usually handling those situations that involve physical abuse first. Financial elder abuse cases aren�t always given their due consideration but the affects can be just as devastating as any other form of elder abuse.

I agree with Ms. Avrutin that the District Attorney�s office should be able to refer you to another agency, if they aren�t able to assist you.

Another possibility is the San Diego County Bar Association: https://www.sdcba.org/index.cfm?pg=mainlris

They have an attorney referral service and may be able to match you with low cost legal services. Here is their web page that deals with elder law and elder abuse: https://www.sdcba.org/index.cfm?pg=Elderlaw.

I do handle elder abuse cases. But, I understand that you do not have a lot of money to file a civil lawsuit against the husband�s daughter. As you know, these types of actions can be very expensive. But, you could also start with a demand letter sent by an attorney. They are sometimes effective and inexpensive. If you need more information or have any questions, please email me at: [email protected] .

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Answered on 7/12/11, 3:18 pm


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