WORLD Law Direct Forums
Home > WORLD Law Direct Forums > FAMILY LAW, DIVORCE, CUSTODY > Other Family Law Matters > Elder Law > Relative steals Elders money, Criminal case first then Civil Claim?

Relative steals Elders money, Criminal case first then Civil Claim?

This is a discussion on Relative steals Elders money, Criminal case first then Civil Claim? within the Elder Law forum, part of the Other Family Law Matters category; My elderly father recently died in California. It was found that a Relative who was entrusted with paying his bills ...

Consult Your Own Personal Lawyer Now!
Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Oct 31st, 2009, 05:51 PM   #1
Junior Member
 

abaracadabara's Avatar
 
Join Date: Oct 2009
Posts: 3

Default Relative steals Elders money, Criminal case first then Civil Claim?

My elderly father recently died in California.
It was found that a Relative who was entrusted with paying his bills from his bank account had been taking money from the account, and when he died, took what remained of his account balance. The total amount taken is thousands of dollars.

Initial response by the local PD has been pretty poor. I will be providing further documented evidence, and pressing further for a criminal prosecution.

In the mean time is it worth consulting an attorney to start civil proceedings.
against the relative or would this action cause problems for a criminal case?

I have considered writing to the relative threatening legal action if the money is not repaid. (Any money recovered would be donated to charity in my fathers name, and the reason for recovery would be to prevent the relative benefiting from their actions.)

I would however much prefer to see the culprit dealt with appropriately through the courts.

I should also add that I was sole beneficiary of his Will.
Surely when he died, the money became technically mine.
Does this make it theft with myself as the injured party?


Any advice would be much appreciated
abaracadabara is offline   Reply With Quote
Sponsored Links
Top crime attorneys
Old Nov 1st, 2009, 12:35 PM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Relative steals Elders money, Criminal case first then Civil Claim?

A civil action would be a very good idea if the police are not keen on pursuing it.

...he will lose and be required to pay back all wrongfully take n funds.
  Reply With Quote
Old Nov 1st, 2009, 12:49 PM   #3
Junior Member
 

abaracadabara's Avatar
 
Join Date: Oct 2009
Posts: 3

Default Re: Relative steals Elders money, Criminal case first then Civil Claim?

Thank You

I would prefer a Criminal case and that would be a priority.
The police do not yet have all the documentation, so there is still a good chance of a criminal case.

CIVIL: thought that If I warned the relative first and gave them the option to pay back the money without
legal costs, it would be easier to claim costs against them.

Also would it be better to get a Lawyer to write or write oneself?

Last edited by abaracadabara; Nov 1st, 2009 at 12:55 PM. Reason: Line added
abaracadabara is offline   Reply With Quote
Reply

Bookmark & Share

This thread has 2 replies and has been viewed 70 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
criminal or civil? Unregistered Medical Malpractice 1 Jan 14th, 2009 10:52 AM
criminal or civil??? inquisitive Other Criminal Law Matters 2 Oct 5th, 2008 08:48 PM
do I have a civil and or a criminal case Unregistered Business Contracts & Partnerships 3 Apr 22nd, 2008 10:15 AM
Is this civil or criminal....... Unregistered Civil Litigation 4 Nov 27th, 2007 04:07 AM
Contractor steals insurance money Unregistered Civil Litigation 1 Nov 1st, 2007 06:02 PM


Top crime attorneys


All times are GMT -5. The time now is 09:43 AM.