Reply
Thu 20 Oct, 2005 11:05 pm
Elder financial abuse... Embezzelment... Abandonment...
===
Background:
I am a remainder beneficiary of an AB trust set up in
1989 by my father. He died in 1994. My step-mother
had real estate, personal property, and investments
worth over three million in 2001. Now she is distitute.
A real estate salesman befriended her in
2001-2003, got a power of attorney, sold all her
property... and took care of all her accounts...
cleaned them out -- even her jewelry and antiques...
then he dumped her on the county...
We made a police report in mid 2003.
We also reported this to the county (Adult Protective
Services and the Public Guardian's office) as soon
as we learned something was going wrong (mid-2003).
So far, it appears they haven't done
much, if anything. The perpetrator still has a
real estate license in California...
My step-mother was instutionalized in 2003 for
dementia, and the county is paying all her bills.
Apparrently, it is cheaper for them to take care
of her, instead of prosecuting the thief...
===
What can we do?
What course of action can we take to get
attention on this, to prosecute him, and recover
the assets of the trust? The County Public
Gudardian's office has been working on the
case with the DA and County Counsel since
2003. No action yet...
We're looking for an attorney who can work
on a contingency basis, or offer any advice on
what we can do...
===
** What's the statute of limitations?
** How can we recover assets?
** Should we wait for the DA to prosecute?
===
You haven't contacted an attorney yet? How foolish! They can answer questions such as statute of limitations, but I would assume that your report to the da will be sufficient.
Have contacted several attorneys. They won't do anything without a big retainer fee...
geofan
If the scumbag did this to your family members, he's probably done it to others. Even if there is little hope to recover any of your family's money and property, at least putting him away may prevent him from robbing from anyone else.
BBB
If the authorities are dragging their feet then you need to speak to whoever your local politician is. City/county or state or federal - whoever will listen to you. Get in there and explain your situation and demand action. Start with your local political representative and then work upwards. Don't be put off with excuses, demand action. That is too slack for words.
Contact your local bar association. Explain the facts, see if you can get someone to work on contingency.
goodfielder is right, your local senator or rep or state senator will probably be interested. If not him or her, then go to the press. Most local news programs have a consumer affairs reporter and this is the kinda stuff they live for.
Your state should also have a consumer fraud department. If need be, the feds also has fraud departments where US mail is used. Contact them too!
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