Legal Question in Elder Law in California

Financial Crime against Elder Mother

My 92 mother year old died last year. Prior to her death a supposedly honest close friend of our family was what I believed, taking care of her daily necessities. I am the the sole surviving sibling and successor trustee to my mother's inter-vivos trust. The corpus of trust states that I am responsible for paying for her final funeral expenses and any other outstanding valid claims plus filing the estate, trust and her personal final tax returns, which I have accomplished. When I started to take inventory of her finanancial, real property and tangible personal property assets, I discovered that there were two life insurance policies that insured my mother's life that initially named me as her beneficiary and one other that designated my granddaugther as her beneficiary. When I called the life insurance company's claims department to file a claim, I was told that the policies were surrendered to the life insurance company four years ago. I wrote the insurance company asking for copies of the checks showing who the payee was. I received the information I requested and the payee's name was the supposedly honest close personal family friend. There is more apperent fid abuse but no more room to explain here. The police won't help.


Asked on 4/16/08, 10:21 pm

2 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Financial Crime against Elder Mother

unless the life insurance policies were in the trust, you can open your mother's estate and then file an 850 petition to recover stolen assets. if you want to discuss it further contact my office.

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Answered on 4/16/08, 11:47 pm
Terry A. Nelson Nelson & Lawless

Re: Financial Crime against Elder Mother

IF the police refuse to file charges, then you'll have to file suit for fraud, etc. Feel free to contact me if serious about doing so. As the trustee, you have a legal and moral responsibility to do so for the benefit of all beneficiaries.

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Answered on 4/17/08, 12:47 pm


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