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  1. #1
    Join Date
    May 2017
    Posts
    5

    Default Accused of Stealing from an Elderly Parent

    My question involves estate proceedings in the state of: CA

    My mom had terminal cancer, before she entered hospice, she gifted my sister and I a sum of money. She had us go to the bank and withdraw it from our joint account (my sister's, mom's and mine) and place it in our private accounts. And in turn give her husband 10,000 of the monies, which we did.

    Now, 5 months later, and almost 3 months after her death, her husband is coming after us saying she cleared out their joint account and moved it to hers and wants the money.

    He's driven by my house yelling I'm going to jail for fraud and grand theft. Pretty unnerving.

    We also have a notorized letter stating she gave us the money and gave him 10,000

    What can he do to us?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: What Can He Do to Us

    He can make a lot of noise, but even if what he asserts your mother did was true, she was within her rights to do it.

    The letter is superfluous.

    Ignore him or refer him to your attorney. If the amount to either one of you was more than $14,000, then she should have filed a gift tax return. However no tax is likely due (unless she had MILLIONS).

  3. #3
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: What Can He Do to Us

    Who wrote the letter?

  4. #4
    Join Date
    May 2017
    Posts
    5

    Default Re: What Can He Do to Us

    She typed and signed the letter that was notorized

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: What Can He Do to Us

    Quote Quoting Luna13
    View Post
    She typed and signed the letter that was notorized
    Who do you mean by she? Your mother or someone else?

  6. #6
    Join Date
    May 2017
    Posts
    5

    Default Re: What Can He Do to Us

    My mother

  7. #7
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Accused of Stealing from an Elderly Parent

    Quote Quoting Luna13
    View Post
    My question involves estate proceedings in the state of: CA

    My mom had terminal cancer, before she entered hospice, she gifted my sister and I a sum of money. She had us go to the bank and withdraw it from our joint account (my sister's, mom's and mine) and place it in our private accounts. And in turn give her husband 10,000 of the monies, which we did.

    Now, 5 months later, and almost 3 months after her death, her husband is coming after us saying she cleared out their joint account and moved it to hers and wants the money.

    He's driven by my house yelling I'm going to jail for fraud and grand theft. Pretty unnerving.

    We also have a notorized letter stating she gave us the money and gave him 10,000

    What can he do to us?
    Call the cops if he keeps driving past your house harassing you. Otherwise ignore him. He's not going to do anything. Talk to a lawyer to see what they might say.

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