On June 16 my aunt called me to tell me she had cancer, and she wanted to make sure her paperwork. (Trust, Will and end of Life paperwork) was all in order. She said it wasn't confirmed cancer but 3 dr.'s said most likely. Less than a year ago a man named Dave (her x-fiancee from 50 years ago) wrote her a letter and then re-connected with her. On June 28 Dave called first my phone then my husband's to tell us Sally was in ICU and he wanted to be added to the medical POA because he was there (2 hours north) and we were here in the valley. My husband is the Trustee, MPOA, POA and beneficiary in Sally's will and Trust. My husband said that would be a good idea to add Dave.
Dave stayed in semi contact with us for the first few days. My husband told him we were off for a couple days and wanted to go see Sally. Dave said he would let us know what room they were moving her to, but there was talk of moving her to rehab. We didn't hear from Dave for the next couple days. We called repeatedly, leaving voicemails. Dave was in possession of Sally's cell. Early one morning husband's phone rang. It was from Sally's # so he answered immediately. Nobody was there. Called right back, no answer. This went on for a few days. Finally Dave would answer and give a song and dance about Sally. Then he quit answering at all. On July 10 we made it a mission to call 4-5 times per day. No response. On July 27 we got an email via our estranged brother. The email was from Sally best friend from grade school informing us of Sally's passing on JULY 19. She also informed us that Dave had Sally cremated immediately following her death.
He told the funeral home she had no next of kin. On 7/29 my husband drove the 2 hours to Sally's trailer. Dave was there. Kelly had the local police meet there and they made Dave leave. Upon inventory we realized he had taken everything of value. There was no family heirlooms she cherised, no jewelry, the safes were empty and the many filing cabinets (Sally saved every paper) were empty. There was some furniture, and her clothing left. Oh and a brand new paper shredder with a box of Sally's peronal doc (staples cut off) in the living room. Dave got Sally to add him as a 'Signer" on her bank accounts on June 15. On June 27 (the day she went into renal failure) Dave had her at the DMV signing a beneficiary designee for her trailer to him. 2 days before she died he had the maid call and pretend to be Sally and change the life insurance beneficiary to Dave, removing Kelly and myself. We are at a loss.
Her best friend swears Dave helped speed up her death. He cleaned out the bank account, emptied and listed the trailer, and STILL HAS HER ASHES. He did get 10 copies of the death cert. We are having a tough time getting co-operation from law enforcement. They all claim it's not their jurisdiction. I am in the process of filing a civil suit against him. We did stop him from getting the insurance $. He had an 8 day jumpstart on us and all of the account/important contact info. We know Sally would have told me on the 16th if she made any changes to assets, plus she would have known to modify will/trust to reflect changes. Sally was a heavy drinker and had just been prescribed a bunch of new meds., (morphine, adivan, soma, and more). On the intake paper work from the hospital, Sally told them she had a nephew with power of everything. Dave himself told the doctors she had been very confused and hallucinating the past few weeks.
My question is, when I file the civil lawsuit, what or how would I word the crimes/reasons I am seeking relief and how much? All of Sally's friends are willing to testify that all Sally ever talked about was how she wanted me and my husband to get everything. She had no kids and we're closest to her. Dave alienated her friends so nobody saw her except 2 other people and hospice her last few days. The AG here said that as far as the cremation and lies to mortician, no crime was committed. Please advise. TY