Legal Question in Wills and Trusts in California
My Uncle Fraudently took my money.
My Grandpa passed away in Nov. He named me as benneficiary on an annuities account in 2003.
Nov 12,07. I contacted the institution informing them of granpa's death. Asking what was needed to get this money. I was worried as my uncle had withdrew and closed a savings account using a power of attorney document failing to state grandpa had died. The institution told me this account was mine and not part of the estate. On Nov. 12 when my uncle found out that my I was left as beneficary to this account he threatened & harrassed both me and my husband. He said that he would do whatever it took to get this money, and he did. I called the instituion Fri. to fax their requested documents, only to find out the money is gone. On Nov. 20, 07, my uncle contacted the institution fraduently used (not stating Grandpa was deceased) the same power of attorney document and withdrew all of my money and closed the account. How can I see that criminal charges are brought against my uncle? Where would I start and who would I contact? He was appointed administator to estate in mid Dec, as grandpa had no will. Prior to his appointment He has fraudently taken 17,000 from a savings account belonging to the estate and 35,000 from me. I need help, please
3 Answers from Attorneys
Re: My Uncle Fraudently took my money.
Since there is already a Probate going on...do you have an attorney? If not, why? You may need one for this:
You'll need to have him removed as executor of the estate and account for any an all funds misappropriated after death. Additionally, you may want to demand an accounting for the last 3 years (or so) before his passing to ensure that this was not going on before as well.
You should also contact the institutions fraud department and be prepared to provide them with a copy of the death certificate to show the money was fraudulently removed.
You've got some leg-work ahead of you, but the tangled mess can be unraveled.
Please feel free to contact our office for assistance at the number provided by LawGuru or through our firm's informative website, located at No-Probate.com.
Yours Truly,
Scott
Re: My Uncle Fraudently took my money.
You should petition the court in the probate to discharge your uncle from his position as adminsitrator of the estate and replace him with you or someone more trustworthy. Then you should contact the detectives in the community and file a written complaint. You can also swear out a complaint to make a citizens arrest.
Re: My Uncle Fraudently took my money.
First, you or your father need to retain counsel. Then, you should petition to have your uncle removed as the administrator and request that your father be appointed. Then it seems that the institution is liable for improperly giving your uncle your annuity. Requesting the company to pay you will give them an incentive to go after your uncle. You may also consider contacting the authorities for fraud, theft, and possibly elder abuse.
These are just some ideas that an attorney can assist you with.
Sincerely,
Kai H. Wessels
(toll free: 877-Wessels)
The above is provided for informational purposes only and is not to be construed or relied upon as legal advice.
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