Table of Contents
- Key Takeaways
- Why Caregiver Fraud and Theft Matter in Estate Administration
- 7 Steps to Take if You Suspect Caregiver Fraud or Theft
- Protecting Estate Assets in California Probate
- Related Resources
- FAQ
- How The Grossman Law Firm Can Help
Key Takeaways
- Caregiver theft and fraud against older adults is unfortunately common and can impact estate distributions.
- Beneficiaries and heirs must act quickly due to strict legal timelines in California.
- Steps include contacting an attorney, reporting the caregiver, filing complaints, gathering evidence, and contacting law enforcement.
- The Grossman Law Firm assists beneficiaries throughout California in protecting their estate assets and pursuing legal remedies.
7 Steps to Take if You Suspect Caregiver Fraud or Theft in California
Why Caregiver Fraud and Theft Matter in Estate Administration
When a loved one passes away, you may uncover troubling signs that a caregiver committed fraud or theft. Unfortunately, caregiver theft is a common problem in California. It can significantly reduce the inheritance that heirs and beneficiaries receive. Knowing what steps to take is crucial to protecting the estate.
At The Grossman Law Firm, Attorney Scott Grossman helps beneficiaries and heirs pursue claims of fraud and theft during probate and trust administration. Below are seven key steps to take if you suspect a caregiver has committed wrongdoing.
7 Steps to Take if You Suspect Caregiver Fraud or Theft
If you believe a caregiver stole from your loved one, consider taking these steps:
- Contact an experienced attorney immediately. California law places strict time limits on filing claims, and evidence becomes harder to prove over time. An attorney can quickly assess your options.
- Notify the agency that employed the caregiver. Report the suspected abuse and request an internal investigation.
- File a formal complaint with the agency. It creates a record of your concerns and can support later legal action.
- Initiate an investigation of the caregiver. Your attorney can guide you through the appropriate paperwork and court filings.
- Determine whether the caregiver’s agency carried a bond. Many agencies have insurance or bonding that can help cover financial losses from theft.
- Report the suspected theft or fraud to law enforcement. Filing a police report is crucial, especially if you suspect criminal charges may be involved.
- Gather supporting evidence. Review bank accounts, credit card records, or even video evidence if available. Documentation is essential in proving your case.
You may not need to take every step listed above, but ignoring possible caregiver fraud could result in permanent loss of estate assets.
Protecting Estate Assets in California Probate
In California probate cases, suspected caregiver theft is often tied to elder financial abuse claims under the California Welfare and Institutions Code § 15610.30. Beneficiaries who suspect wrongdoing must act quickly to preserve their rights.
At The Grossman Law Firm, we help heirs and beneficiaries:
- Investigate caregiver misconduct.
- File claims to recover stolen estate assets.
- Navigate probate court procedures for fraud or theft cases.
Related Resources
- What Happens If a Trustee Does Not Follow the Trust?
- Temporary Trustee Suspension Protects Assets of a CA Trust
- Tips for Determining the Damages for a Breach of Fiduciary Duties
- Can’t Afford a Probate or Trust Attorney in California?
FAQ
Q: What is considered caregiver fraud in California?
A: Caregiver fraud includes theft of cash, property, or misuse of credit cards, as well as undue influence over an older adult to change wills or trusts.
Q: Can stolen assets be recovered during probate?
A: Yes. With the right legal action, stolen assets can sometimes be recovered for the estate or trust beneficiaries.
Q: How long do I have to file a claim for caregiver theft?
A: Time limits vary, but claims for elder financial abuse or fraud must be filed quickly. Waiting too long can prevent recovery.
Q: What if the caregiver were a family member?
A: The same legal standards apply. Theft or fraud by a relative can still be challenged in probate court.
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we assist beneficiaries and heirs throughout California in enforcing their rights in probate and trust litigation. Suppose you believe a caregiver committed fraud or theft against your loved one. In that case, it is best to take immediate action to protect estate assets and pursue recovery.
Call or fill out our Get Help Now form today.
Our Intake Specialists can evaluate your case at no cost to you to assess your situation and determine the best course of action. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.