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I took care of someone until they passed away. I was also…

I took care of...

I took care of someone until they passed away. I was also their power of attorney. I was told that when he passed to take whatever money he had for caring for him. He was estranged from his sister. Now his sister petioned the state for his estate. She won and I did not fight for it. However she is now trying to say I stole the money. He gave it to me for driving him to dr appts, buying his medication, buying his groceries.

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

Oklahoma.

Lawyer's Assistant: What documents or supporting evidence do you have?

Only a few witnesses. No paperwork

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Customer reply replied 3 months ago
He and his family have not spoken in the last 7-10 years. His nephew was the only person he talked to out of his family.
Answered in 10 minutes by:
5/17/2018
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,701
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that.
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Was there anything in writing reflecting the fact that he told you to take any money/property? How long were you caring for him?

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Customer reply replied 3 months ago
I took care of him from October to March. Nothing in writing but I have witnesses who are willing to write a statement.

How much money is at issue? And what can I answer for you regarding this situation?

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Customer reply replied 3 months ago
Like $2500. Am I in some type of legal trouble? I was called by a police officer today for a statement. I was told his sister is claiming I stole it.
Customer reply replied 3 months ago
His sister also sent me several text messages saying she was going to find a reason to get me in legal trouble.
Customer reply replied 3 months ago
She would send these messages over and over until I blocked her number.
Customer reply replied 3 months ago
I spoke with the officer over the phone and he said that every I told him aligned with the information he has.

Well, that's pretty disturbing - what the sister wrote. The reality is, there's no way to prove that you did anything wrong - and it doesn't sound like this will be pursued criminally. That being said, the fact that there is nothing in writing regarding the funds is not great - and the executor of the state can sue to get those funds back.

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Customer reply replied 3 months ago
I told him the truth. I guess now I’m lost cuz I’m not sure if there was a crime committed and if so what I need fo
Customer reply replied 3 months ago
This woman has threatened me nonstop since she found out about her brother. I saved the messages b/c honestly I was really getting scared. Richard would tell me & several others that he was afraid of her.
Customer reply replied 3 months ago
If I get sued will that be a criminal case? Do I need a lawyer

Well, if the police aren't going to pursue anything criminally, then that aspect of things would be done. But, in general, they COULD pursue it since there's apparently no evidence that the money was gifted to you. If you are criminally charged then certainly it makes sense to have an attorney.

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Customer reply replied 3 months ago
What do you think the likelihood of me be criminally perused on this is?

If she is threatening you, you could seek a restraining order against her - and you can file a complaint against her with the police department.

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Customer reply replied 3 months ago
Honestly I just want to left alone. Blocking the phone number has worked this far but her going to police is freaking me out. I’ve never been in any type of trouble and have no plans to start. What charges could potentially come up?
Customer reply replied 3 months ago
How can charges even be filled againist me? I did not steal anything.

I think you CAN be charged criminally for this - but as for the likelihood, that literally depends upon who the prosecutor is and whether they CHOOSE to actually charge - and that depends upon what they think they can prove. The bot***** *****ne as far as the criminal charges go - you can reach out to a criminal attorney now (in case you need one) or you can just cross your fingers that you're not charged. Truthfully it often turns on how "noisy" and "insistent" the family is. But remember you haven't been charged so that's a good thing. And really you just have to wait. You can also consider returning the money. It doesn't impact whether a crime was committed - but it might help. But again you're not under any obligation to do ANYTHING. I want you to know the landscape so you'll be prepared to respond. And then if you choose to disregard that, that is of course your right. I don't do this for the ratings - I do this so that people can have the information they need (rather than just spinning their wheels) - and unfortunately sometimes that means giving good people information they don't love to receive. I really hope you understand that I'm just trying to help. If you give me a "bad" or "negative" rating for "good" information I'll be upset - and we do see those ratings instantaneously - but I understand that this is your choice. Please ask me anything - I'd be happy to answer any of your questions.

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Customer reply replied 3 months ago
Ok so how will I know if Or when I would be charged?

The police would contact you. But it doesn't make sense to panic unless there is a reason to panic.

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Customer reply replied 3 months ago
Ok. I am not panicking I just hate the thought of being in trouble for something I didn’t do.
Customer reply replied 3 months ago
even with the witnesses I could still potentially be charged with a crime?

Well remember, you haven't been charged and you may not be. For something like this it certainly helps if witnesses come forward stating they knew he gave you the money.

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Customer reply replied 3 months ago
Ok. I really appreciate you answering the questions. This is just crazy.
What crime could this be if charged?

It depends... theft, for example. But remember, prosecutors don't charge unless they think they can prove...

If you need anything in the future please reach out!

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If you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. It allows me to get credit for the question from Just Answer. Best of luck to you!

Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,701
Experience: Partner at Kent Law Group, LLC
Verified
Olivia Kent and 87 other Legal Specialists are ready to help you
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Customer reply replied 3 months ago
Thank you again. I’ll give you the top rating. Thanks
Customer reply replied 3 months ago
I sure will

It's my pleasure :) Please reach out any time - I'm here.

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