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N Cal Attorney
N Cal Attorney, Attorney
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Experience:  since 1983
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My elderly brother was apparently murdered by drug addict

Customer Question

My elderly brother was apparently murdered by drug addict drifters and dumped somewhere deep in the southwestern desert near Odessa, TX. They have forged many US Bank checks with my brother's name and have now changed his pin number in order to collect his Social Security, disability, and veteran's paychecks. Representatives from my brother's bank, US Bank, have told me there is zero they can do unless I somehow have power of attorney. Their best advice was to find "a lawyer" and take my case "to court". Seriously, that's all they had: no specific type of attorney or specific court system. I asked for some sort of printed document they could send with any further directions or advice, but they said there was none, and no supervisor was available to clear this up. I have my brother's SS# ***** banking account numbers, as well as the address for his last known place of residence. Any advice?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

I am sorry for the loss of your brother. But not sure I understand why, if he has been murdered, he is still receiving SS and Veterans funds.

Has law enforcement confirmed he has been murdered?

Customer: replied 1 year ago.
Backstory: my brother was an elderly ward of the state in NV, living in an assisted living facility. A friend had convinced him to move to Corpus Christi, TX. En route, he contracted pneumonia and was hospitalized while in NM for two weeks. Less than a week after release, he was abducted by apparent drug addicts, and has completely vanished. He was very frail and there is no way he is alive, though police are almost completely disnterested in finding him. I am operating entirely upon secondhand info from the friend who had convinced him to move to TX. I am certain my brother is dead one way or another, and that people are collecting his benefits.
Expert:  P. Simmons replied 1 year ago.

THank you
So what is your question today?

Customer: replied 1 year ago.
From my original inquiry:
"Representatives from my brother's bank, US Bank, have told me there is zero they can do unless I somehow have power of attorney. Their best advice was to find "a lawyer" and take my case "to court". Seriously, that's all they had: no specific type of attorney or specific court system."
What exactly am I supposed to do?
Expert:  P. Simmons replied 1 year ago.

I am going to opt out of this question and open it up to other experts...there may be someone on here with some insight. Best of luck with this

phil

Expert:  N Cal Attorney replied 1 year ago.

I am sorry to hear this.

Have you filed a report with the FBI or State Police?

See

https://iwatchtx.org/?site=tx

Did the local police even take a missing person report?

In which County was his last residence?

Customer: replied 1 year ago.
The person he was with prior to his abduction claims to have contacted State police in TX, as well as the FBI and filed a report with each, but I have no documentation of any of this yet. Thanks for the link: I filled out the questionnaire with all the info I have. Does anyone have advice yet as to what kind of attorney I will need and which court to contact in order to stop US Bank from funding the people who murdered my brother?
Expert:  N Cal Attorney replied 1 year ago.

I have to ask where his last residence was, in which State and County.

Customer: replied 1 year ago.
xxxxxxxxxxx
DOB: xxxxxxxxxxx
Mother's maiden name: xxxxxxxxxxxx
SS#: xxxxxxxxx
Last place of residence:
xxxxxxxxxxx
Last seen in Odessa, TX, approximately 07-29-2015
Expert:  N Cal Attorney replied 1 year ago.

Thank you.

NRS 156.010  Presentment of petition for appointment of trustee; filing; appointment of day for hearing.  If any resident of this State, who owns or is entitled to the possession of any real or personal property situate therein, is missing, or the resident’s whereabouts is unknown, for 90 days or more, and a petition is presented to the district court of the county in which his or her last known residence was located by any member of the resident’s family or any friend, representing that his or her whereabouts has been, for such time, and still is, unknown, and that his or her estate requires attention, supervision and care of ownership, the court shall order such petition to be filed, and appoint a day for its hearing, not less than 10 days from the date of the order.

///

NRS 156.030  Hearing; appointment of trustee.  The court shall hear the evidence offered in support of or in opposition to the petition, and, if satisfied that the allegations thereof are true, and that such person remains missing, and his or her whereabouts unknown, it shall appoint some suitable person as trustee to take charge and possession of such estate and manage and control it under the direction of the court.

From

http://www.leg.state.nv.us/NRS/NRS-156.html#NRS156Sec010

Please review the rest of the linked statutes.

Has he been missing for 90 days?

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