Forms and Letters: Family Law
questions & answers
Question: my brother passed away in az,there was a caregiver whose has kept his car and all his personal property. He was a Veteran and died in a hospice va i believe she was telling him he had to pay to live there so i believe shes was using his money for her own benefit. shes placed her name on the title of his vehicle which he claimed before he passed it would be paid in full and now shes keeping all his things.. our parents are both deceased and there are three remaining siblings.. we want his things and his bank account inwhich she is on because she was supposedly taking care of his bills>>
Answer: Fraud, forgery and similar forms of misconduct by caregivers require proof that the actions were not lawfully permitted by the owner before he died. Obviously, the decedent's intentions are difficult to prove after death. It is not uncommon for people to agree to reward caregivers, while they are alive.
That said, with solid reasons for suspecting wrongdoing, you can contact the local law enforcement agencies (immediately, before the funds and/or the caregiver disappear). The police should begin the investigative process and take their findings, if any, to the local prosecutor.
You may also wish to hire legal counsel, to help you the recover whatever funds remain in your brother's estate via a civil lawsuit against the caregiver or, if she is found guilty of criminal charges, in probate court. The attorney also may be able to temporarily prevent the caregiver from using any remaining funds. Keep in mind that, even if your suspicions prove true in court, and if funds remain to be distributed, the legal processes involved will take some time to complete. Note: Arizona Adult Protective Services investigates the precise caregiver abuse described, but only during the life of the individual.
QUESTIONS
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my brother passed away in az,there was a caregiver whose has kept his car and all his personal property. He was a Veteran and died in a hospice va i believe she was telling him he had to pay to live there so i believe shes was using his money for her own benefit. shes placed her name on the title of his vehicle which he claimed before he passed it would be paid in full and now shes keeping all his things.. our parents are both deceased and there are three remaining siblings.. we want his things and his bank account inwhich she is on because she was supposedly taking care of his bills>>
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