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.

Comments:

QUESTIONS

  • 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>>

STORIES

  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .

LegalLEARN

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS