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Can I press charges against my dad's girlfriend? She emptied his bank account and gave his car to her son.

Santa Clarita, CA |

My dad recently passed and days later his girlfriend signed his car over to her son. It was only in my dad's name. Also, we are now finding out that he has no "active" accounts at the bank that she says he banked at. They are not active now because they have been emptied and have a zero balance and no deposit activity. This could only have been his girlfriend, as she is the only other person with access to his atm card and she would write all of the checks and sign his name. What can we do about this? Can we press charges?

Attorney Answers 6

Posted

You report all of this to the police. You may also be able to file civil claims as well.

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Posted

As an individual, no - you cannot "press" charges. Only the prosecutor's office can file criminal charges. You can make a police report. That will be forwarded to the prosecutor for their review and if they feel there's a crime, they will file charges.

You can also sue in civil court, but I assume she doesn't have money from which to collect a judgment.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

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Posted

No, you cannot press charges. Only the prosecutor can . File a police report regarding the unauthorized withdrawal of funds and the unauthorized transfer of the vehicle. The police will investigate and if there is enough evidence, they will forward it to the DA for prosecution.
However, you may be able to file a civil suit for return of the vehicle and the money that was taken out of your father's bank accounts.
Best to speak with a civil attorney to explore all your rights and remedies.
Good luck.

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Posted

Call the police and give them all the details. The county DA office will decide whether to prosecute the girlfriend. As an heir to your father's assets you can sue girlfriend

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Posted

Tell your local law enforcement agency to investigate. If the district attorney has sufficient evidence, they will decide whether charge the incident. After they file charges, then you can let them know your wishes. It's the DA's case whether to file or not file charges.

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Posted

Did your father die intestate? Or did he have a will? Or is his estate in a trust? If not in a trust, then the matter should go through probate. You may consider contacting a probate attorney. I wish you the best.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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