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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My 87 year-old aunt in Missouri was persuaded by my cousin

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My 87 year-old aunt in Missouri was persuaded by my cousin and his girlfriend/common law wife to split her savings account into two separate banks and put the girlfriend on as co-signer in case of emergency. We have now discovered that she syphoned off several $400 e-transfers into her personal account without my aunt's permission or knowledge. When it was discovered I took my aunt to close that account and return what was left to her original savings account that has my other cousin, her grandson, as co-signer. Somehow Laural found out about the closed account the same day and rushed to promise that she would pay it back. 5 months later there hasn't been any communication or attempt to do so. I live in Colorado, my aunt and cousin, her grandson and POA are in Missouri. My aunt is in failing health and needs that $1,200 back. As co-executor of her will can I and her POA take legal action against this lady to get that money back?

Samuel-II :

Hi

Samuel-II :

The POA certainly can file criminal charges against her

Samuel-II :

The executor duties do not kick in until after there is a death. And that is when the POA is no longer valid and the executor steps in. However, at this time, you have a criminal matter on your hands

Samuel-II :

So you can call the police and have them file a crime report - Or you can take the time to sue her in small claims court and try to recover the money.

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