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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33082
Experience:  16 yrs. of experience including criminal law.
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As PR of my deceased mothers estate I have the responsibility

Resolved Question:

As PR of my deceased mother's estate I have the responsibility of handling a case for her. Her caregiver took her to the bank one week prior to her death of terminal lung cancer while she was on hospice morphine. She was then told to add the caregiver to her account since she was too sick to pay her own bills. The bank employees fully realized that this was not a relative, my mother was ill, and yet when Mom passed the following week... the caregiver presented the death certificate to the bank and cleaned out the account. Funds obtained by caregiver exceed $100K. This took place in the state of Nebraska. I need to find the right counsel to pursue the bank since they enabled this. What type of attorney should I seek?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 8 years ago.
I'm so sorry for your loss

Your first call should be to the District Attorney. Here is a start

http://public.findlaw.com/library/state-district-attorneys/NE.html

Find the one for your county and call them. Tell them what has happened. The DA can take this for action and prosecute the thief. You should not have to hire an attorney in this case. THe state should do the work for you.


If you do want to hire an attorney, I would find one that has lots of experience in general practice....here is a place to start

www.martindale.com






Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get credit for my work.

Customer: replied 8 years ago.
I probably need to mention that my mother resided in Nebraska when this happened. Meanwhile I live in Nevada. A Nebraska trial attorney has been sitting on this case since March 07, so I travelled there to meet with him this past July 08. He had not given much thought to the case until I arrived (over a year later) We discussed a case against Wells Fargo for their part in the mishap. He seemed very motivated then, but months later when he finally responded to my attempts to follow up, he suggested I get another Banking Atty and just let him be co-counsel. The guy seems complacent and not motivated in this case. He has asked me to do all the research and report it to him. How do I really get a fresh start on this case and do I need to get special banking counsel? The caregiver has spent all the money and has no assets.
Expert:  P. Simmons replied 8 years ago.
As I said, this should start with the District Attorney for the County your Mom lived in...This is where the crime happened. The DA can start the process of working your case to prosecute the person who stole the money.


As for your personal lawyer...if I had one acting like you describe I would get a new on.

Again, you can start here


www.martindale.com

You need an attorney with general litigation experience. One who can work on your behalf with the DA as needed. Your primary goal, I presume, is bringing the thief to justice and recovering the stolen money. The DA is the one who can best help with this



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