Legal Question in Elder Law in California

My Stepbrother whose a corrupt attorney, immediately had my Dad cremated. Didn't tell ANY of his 3 Daughters about his passing. Told everyone he had the Coast guard scatter his ashes at sea. That's a lie! I called the US Coast guard and they told me that I am the 1st to call them about my Dad. I'm sure the ashes were flushed down someone's toilet- The stepson forged my Dads name on his durable power of attorney. Not my Dads signature! What should be done... Thank you


Asked on 3/24/16, 12:03 am

1 Answer from Attorneys

Aaron Feldman Feldman Law Group

Those certainly sound like some red flags that perhaps improper things have been done. Financial Elder Abuse claims can be made against your step-brother if money is missing. As for not telling you about your father's death and the disposal of his remains, that too might be actionable if it breached some duty (if the step-brother was a Trustee or Executor), but the bigger picture comes down to money. Litigation is expensive. What was the extent of your father's estate plan or assets at the time of the forged POA? Were you and your sisters beneficiaries? The cost to pursue such claims can easily exceed $40,000 in legal fees and costs. You should meet with an attorney to discuss in greater detail and receive better, more specific advice about what your options are.

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Answered on 3/24/16, 8:04 am


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