QUESTION
Is a pvt live-in caregiver entitled to TOD benefit (more than 3x annual salary)?
Asked on Aug 06th, 2014 on Litigation - California
More details to this question:
How can we recover damages for items stolen (3 visits to local PD, they will not even take a report) and breach of customary caregiver duties that resulted in personal effects being liquidated without family notice or approval? Immaculate documents for last 5 years withheld removed or destroyed fraudulent procurement of an orig. death cert. and refusal to relinquish. Opened joint acct with deceased 2-1/2 months before death, gained on-line access and have multiple suspect transactions (Citibank Fraud Unit says they cannot prove). Many more? Urgent, please.
2 ANSWERS
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I don't know what TOD is. Try to find the district attorney's elder abuse section, that includes financial abue. They can probably help with the local police.
Answered on Aug 11th, 2014 at 6:45 PM
Your question is a little confusing, but I assume your alleging the caretaker used undue influence to put themselves on the bank account and stole various property. The police probably will not act because they have no way of knowing if the caretaker acted incorrectly or not. You can try to work out a compromise with the caretaker or hire an attorney to file suit claiming undue influence. Since the attorney will be charging you at lest $250 per hour and it will take a relatively large amount of time to reach a conclusion, unless the estate is large or the documents missing are very important to you, it may not be worthwhile to file suit. You need to see an attorney now to see what they think they can do, including just writing some demand letters.
Answered on Aug 11th, 2014 at 12:50 PM