what to do if a lawyer stole my dads life savings

by Zack McDermott V 9 min read

This is theft and because your dad was still alive is considered elder abuse. ASAP call the district attorney's office in the county where your dad lived report your brother and ask for an inquiry. After someone dies the law requires probate of the estate - especially if there is money or debt left behind.

Full Answer

What can I do if my brother stole my dad's money?

Nov 27, 2017 · Answers: S.L,. Member, California Bar / FreeAdvice Contributing Attorney. You can sue your aunt for conversion which is theft in a civil case. Your remedy is to seek a constructive trust. A constructive trust will require your aunt to return the stolen funds to your account. If the stolen funds have been used by your aunt for acquisitions, the ...

What did my son do with his money after his dad died?

Dec 12, 2014 · Tell them what happened (your father stole your $200K) and demand that they open an investigation immediately. They can work around the Bank's reluctance a lot easier and more quickly than you can. But they need to find out whether your father was an authorized signer on the account or if he has committed some type of fraud/forgery to gain access to the funds.

What kind of attorney do I need to help my mother?

Jul 18, 2016 · 18th July 2016 by Alec Hogg. Some stories make you sick to the gut. This is one of them. Dianne Bayley shares the details of how her 78 year old father was stung by callous conwoman Micha McKerr, a 43 year old chameleon who specialises in stealing from the elderly. Bayley, a writer and social media manager, doesn’t hold her punches ...

Why do I need an attorney for a custody case?

My dad is 84 years and of sound mind. He had £8000 in savings and in his will stated that each of his 4 children will get £2000 each. She has cleaned out his savings. We found out and have proof that it was her and she admitted it. She has paid some of …

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Can someone steal your inheritance?

Inheritance can be stolen by an executor, administrator, or a beneficiary, such as a sibling. It can also be stolen by someone who is not a family member, or a person completely unrelated to the estate.

What is inheritance theft?

Inheritance hijacking can be simply defined as inheritance theft — when a person steals what was intended to be left to another party. This phenomenon can manifest in a variety of ways, including the following: Someone exerts undue influence over a person and convinces them to name them an heir.

What can override a beneficiary?

An executor can override a beneficiary if they need to do so to follow the terms of the will. Executors are legally required to distribute estate assets according to what the will says.

How do I fight for my inheritance?

Here are five legal tips to consider if you're fighting over an estate.
  1. Read the documents carefully. ...
  2. Know your state's inheritance laws. ...
  3. Consider out-of-court settlements. ...
  4. Look for outside evidence of the deceased's wishes. ...
  5. Hire an attorney.
Apr 16, 2014

What happens if a beneficiary does not claim their inheritance?

If a beneficiary doesn't receive what they're entitled to from the estate, the executor or administrator may be liable to pay this themselves. To help protect against any possible claims, the executor or administrator needs to take all the necessary steps to find the beneficiary before distributing the estate.

What debts are forgiven at death?

What debt is forgiven when you die? Most debts have to be paid through your estate in the event of death. However, federal student loan debts and some private student loan debts may be forgiven if the primary borrower dies.Aug 7, 2021

What happen to bank account when someone dies?

Bank accounts pass to heirs through an estate or via beneficiary instructions. You can potentially avoid probate with payable on death (POD) beneficiaries or joint tenancy with rights of survivorship. When you die without a will, state laws or automatic transfers determine who receives funds.

Can an executor withhold money from a beneficiary?

Executors can withhold monies from beneficiaries, though not arbitrarily. Beneficiaries may be unable or unwilling to receive a gift by a will. The executor's job is onerous and the time taken to execute a will may vary greatly.Oct 18, 2021

Does will supersede beneficiary bank account?

Does a Beneficiary on a Bank Account Override a Will? Generally speaking, if you designate a beneficiary on a bank account, that overrides a Will. This is in large part due to the fact that beneficiary designations have the ability to (and benefit of) completely avoiding the probate process.

How do you deal with greedy family members after death?

9 Tips for Dealing with Greedy Family Members After a Death
  1. Be Honest. ...
  2. Look for Creative Compromises. ...
  3. Take Breaks from Each Other. ...
  4. Understand That You Can't Change Anyone. ...
  5. Remain Calm in Every Situation. ...
  6. Use “I” Statements and Avoid Blame. ...
  7. Be Gentle and Empathetic. ...
  8. Lay Ground Rules for Working Things Out.
Jan 11, 2021

Is it worth contesting a will?

Theoretically, anyone can challenge a will, whether that's a sibling, or someone who doesn't appear to benefit on first glance, but may be a residuary beneficiary. However, contesting a will is not something you should consider without good reason.Feb 1, 2021

How do you deal with greedy siblings?

How Do You Deal With Greedy Siblings?
  1. Cultivate empathy for them and try to understand their motives. ...
  2. Let them speak their peace, even if you disagree.
  3. Be understanding and kind to the best of your ability.
  4. Take time to think about your response to them if you feel overwhelmed or triggered.

Amos B Elberg

I agree with the other answers, but want to add that if this happened as you say, you will also have a claim against the bank. This may be a better claim than the one against your father, because in all likelihood if your father had to take the money, he also probably already spent it. It is worth seeing local counsel.

Robert Vance Salter

How long ago did the money leave your account? Unless you waited several years to start addressing this (in which case your job becomes much harder and you may lose out) you should be able to get bank statements at least that will show how the money left your account. Figuring out whether the money was lost, stolen, or misplaced is very important.

Robert Phillip Odle

Contact Law Enforcement IMMEDIATELY. Tell them what happened (your father stole your $200K) and demand that they open an investigation immediately.#N#They can work around the Bank's reluctance a lot easier and more quickly than you can. But they need to find out whether your father was an authorized signer on the...

Susan Morath Horner

You clearly need to see an attorney. This sounds like it would be a fraud or a crime against any person, but soldiers and sailors and given extra protections under the law to make sure they are not unfairly dealt with while they are overseas fighting and working for our country.

Richard Waldron Bryans Jr

If your father was authorized on the account, you are out of luck unless you try to have a private investigator locate him. Then you might have to sue him and/or the bank. On the other hand, if he was not authorized on the account, call the police. That is theft.

Matthew James Casebolt

The first item is to locate your father. Many attorneys have access to public records databases that can help you locate people. It is "very difficult" to completely disappear in this day and age. The next question is whether the account was legally closed.

Who is Dianne Bayley?

And they do it again and again because they win. Dianne Bayley is a writer and social media manager from Johannesburg. Her writing includes travel, health & wellness, marketing, branding, environment and, most recently, attempts to protect the elderly from predators. (Visited 201 times, 1 visits today)

Was Paula Labuschagne ever in jail?

McKerr – who has also used the name Paula Labuschagne when confronted by police – was once again not jailed, though she was found guilty of more than 90 counts of theft and fraud.

What do I do if I suspect my brother or sister has somehow stolen my inheritance?

This is a growing problem. Before the repeal of Indiana Inheritance Tax, joint accounts were frozen at death. A release from the Indiana Inheritance Tax Office was necessary for release of the accounts. This usually required an attorney and people were made aware of their rights and obligations under the law.

How we assist in helping clients in inheritance matters

We can assist in finding these assets through tax returns, bank records, and real estate records. If mom or dad was ill, of diminished mental capacity, or dependent upon the local child, we may be able to recover these assets for the benefit of all siblings. There are legal and practical time limitations, so you should contact us immediately.

Act immediately – Will contest actions must be filed quickly to preserve rights

A Will Contest must be filed within three months after the date of the Order admitting the Will to probate by filing an affidavit in the Court alleging (1) unsoundness of mind of the testator, (2) that the Will was executed under duress or was obtained by fraud, (3) the undue (improper) execution of the Will, or (4) any other valid objection to the Will’s validity or the probate of the Will..

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