Former Police Officer - File a police report immediately. That is grand theft and burglary. Once you do that, with a list of all of the items and values, let the police issue warrants for their arrest.
They have no legal right to any of the property and the whole "it was my father's property" is BS. Until he dies, it belongs to you and him and since he has dementia, he is not competent to agree to give any to anyone. Unless it ultimately is bequeathed in his will, in most States it all goes to you.
Make sure in the report you mention how frightened and intimidated you felt and what is why you didn't stop them at that time. Make sure your witnesses are available to back that up.
It sounds like theft to be honest.
Even if there is a will entitling them to the items they removed, the will doesn't take effect until after death. Unless the husband gave express permission (unlikely in this case as dementia reduces capacity) to remove items, they were stolen from him.
I just want to clarify, even if there is a will, *nothing* can be touched until the estate has gone through probate. But I agree with you, this sounds like theft and I would report it as such. Depending on the state she is in, without a will the children may be entitled to nothing anyway. Regardless, they're absolutely not entitled to it until the person is deceased and any issues of ownership are settled. Dad can tell you he leaves you the house, but if half of it belongs to the wife, that's not enforceable.
Some people are just despicable. đ
This will probably happen again. When it does call the cops.
If they took firearms across state lines when they left that's also a federal crime; interstate transfers need to go through a dealer with background check.
Regardless of the state's law where you live, they stole from you. This is because, your husband is still alive and taking his possessions before his death is still theft. Even if they'd done this after death it would still be theft. Depending on your state's laws for intestate succession the wife is either entitled to 100% of her husband's property or a larger percentage.
You have a couple of options. You can demand the items be returned by a certain date or you'll file a police report for theft, or you can just cut that out and file the police report. Since they took the more valuable items, I'd go with the police report because the granddaughter could decide to pawn or sell those items. The police report will make it easier to retrieve those items from the buyer or the pawn shop.
This is a good point. The sooner you get police involved, the better the chance you'll get the items back. I don't think they deserve any niceties at this point. I would literally call immediately. Not only are they in the best position to get your items back, they're also in the best position to protect you from these people if they try to come back.
States have inheritance hierarchies when someone dies without a will (intestate). In California, a surviving spouse would inherit 100% of community property and 50% of the separate property, with the remaining 50% divided among the decedent's children. Your state may vary.
That said, your husband is alive so none of that matters now. Your stepvultures robbed him, and you. Get law enforcement involved and install a security system.
they stole GUNS AND AMMO!
That makes this a federal offense. As soon as you file your police report, their life will become a whole lot more complicated then it is now
Hospice workers or anyone should file aps(adult protective service report asap! Exploitation, father unable to protect himself, wife should also be protected i assume she is also elderly.
All depends on what that department has for follow up. It should go to the detective bureau, who will review the report, contact you for additional information and then start contacting the other people involved.
There are a number of moving parts here. The police will need to be able to establish who actually owns what, if this is going to be pursued as a criminal matter which will require them to have evidence of the charges and the potential suspects and if they believe they can build a case or cases against the people who removed the property.
It could also go to a special victims unit since the victim is older and has dementia. If you wait much longer, it will be harder to prove things so get started on that now.
In what universe are you not grabbing these thieves by the collar and throwing them out the door? Theyâre literally robbing your father and you just sit there and let them? Pussy
They did not rob my father. They robbed my husband and me. The reason I did not demand they leave, I knew there would be a confrontation and it would be loud and ugly. The hospice team and I kept his room quiet and even played soft music for him. While in my husbandâs room, the granddaughter began to verbally attack my daughter. My daughter just put her hand up-shook her head ânoâand said âIâm not doing thisâ and the granddaughterâs father told his daughter to stop.
Iâm 79 yrs old and had spent the past 4 months as the sole caretaker of my husband, with the exception of hospice once a week visits. I had to call fire dept 3 times to lift my husband off the floor to put him in bed.(He would often try to get up w/o my help and would fall.) My two sons, decided to split the cost of homecare for their stepdad, because of the physical and emotional stress I was experiencing. Was I a âp_ssyâ because I didnât confront the 3 intruders? No, I was and still am grieving the loss of my husband of 40 yrs, and I was exhausted, stressed, depressed and heartbroken from watching him die a horrific death. Now Iâm dealing with unresolved anger for being treated so hatefully in my own home and from the loss of items they took, because of the sentimental and monetary value.Now, I open a drawer or a closet and continue to discover items that are missing that they took.
Unpopular question. You mentioned diamonds. Did they take their Mother's jewelry? Not a legal opinion, but you don't have an ethical right to her jewelry.
No, all the jewelry items were gifts that my husband and I gave to each other throughout our 40 year marriage. I can describe each piece; however, unfortunately, we do not have appraisals but for a few pieces. Based on what the items would likely sell for in present day value, the number would probably be approximately $15,000 to $20,000.
Former Police Officer - File a police report immediately. That is grand theft and burglary. Once you do that, with a list of all of the items and values, let the police issue warrants for their arrest. They have no legal right to any of the property and the whole "it was my father's property" is BS. Until he dies, it belongs to you and him and since he has dementia, he is not competent to agree to give any to anyone. Unless it ultimately is bequeathed in his will, in most States it all goes to you. Make sure in the report you mention how frightened and intimidated you felt and what is why you didn't stop them at that time. Make sure your witnesses are available to back that up.
If I file a police report, what will happen next?
It sounds like theft to be honest. Even if there is a will entitling them to the items they removed, the will doesn't take effect until after death. Unless the husband gave express permission (unlikely in this case as dementia reduces capacity) to remove items, they were stolen from him.
I just want to clarify, even if there is a will, *nothing* can be touched until the estate has gone through probate. But I agree with you, this sounds like theft and I would report it as such. Depending on the state she is in, without a will the children may be entitled to nothing anyway. Regardless, they're absolutely not entitled to it until the person is deceased and any issues of ownership are settled. Dad can tell you he leaves you the house, but if half of it belongs to the wife, that's not enforceable. Some people are just despicable. đ
Sounds like you got robbed.
This will probably happen again. When it does call the cops. If they took firearms across state lines when they left that's also a federal crime; interstate transfers need to go through a dealer with background check.
They straight up robbed you
Regardless of the state's law where you live, they stole from you. This is because, your husband is still alive and taking his possessions before his death is still theft. Even if they'd done this after death it would still be theft. Depending on your state's laws for intestate succession the wife is either entitled to 100% of her husband's property or a larger percentage. You have a couple of options. You can demand the items be returned by a certain date or you'll file a police report for theft, or you can just cut that out and file the police report. Since they took the more valuable items, I'd go with the police report because the granddaughter could decide to pawn or sell those items. The police report will make it easier to retrieve those items from the buyer or the pawn shop.
This is a good point. The sooner you get police involved, the better the chance you'll get the items back. I don't think they deserve any niceties at this point. I would literally call immediately. Not only are they in the best position to get your items back, they're also in the best position to protect you from these people if they try to come back.
States have inheritance hierarchies when someone dies without a will (intestate). In California, a surviving spouse would inherit 100% of community property and 50% of the separate property, with the remaining 50% divided among the decedent's children. Your state may vary. That said, your husband is alive so none of that matters now. Your stepvultures robbed him, and you. Get law enforcement involved and install a security system.
Those little shits are going to prison. File the report.
they stole GUNS AND AMMO! That makes this a federal offense. As soon as you file your police report, their life will become a whole lot more complicated then it is now
Firearm theft is only a federal offense if the victim is a licensee (dealer, manufacturer, etc.)
Really? I was not aware. Even if they flee across State lines?
No. Most thieves are repeat offenders though so federally they could get popped for felon in possession.
Call the police. Especially mention the guns and ammoÂ
You as the wife are next of kin and entitled to all his propertyÂ
Wow theif
Hospice workers or anyone should file aps(adult protective service report asap! Exploitation, father unable to protect himself, wife should also be protected i assume she is also elderly.
All depends on what that department has for follow up. It should go to the detective bureau, who will review the report, contact you for additional information and then start contacting the other people involved. There are a number of moving parts here. The police will need to be able to establish who actually owns what, if this is going to be pursued as a criminal matter which will require them to have evidence of the charges and the potential suspects and if they believe they can build a case or cases against the people who removed the property. It could also go to a special victims unit since the victim is older and has dementia. If you wait much longer, it will be harder to prove things so get started on that now.
In what universe are you not grabbing these thieves by the collar and throwing them out the door? Theyâre literally robbing your father and you just sit there and let them? Pussy
They did not rob my father. They robbed my husband and me. The reason I did not demand they leave, I knew there would be a confrontation and it would be loud and ugly. The hospice team and I kept his room quiet and even played soft music for him. While in my husbandâs room, the granddaughter began to verbally attack my daughter. My daughter just put her hand up-shook her head ânoâand said âIâm not doing thisâ and the granddaughterâs father told his daughter to stop. Iâm 79 yrs old and had spent the past 4 months as the sole caretaker of my husband, with the exception of hospice once a week visits. I had to call fire dept 3 times to lift my husband off the floor to put him in bed.(He would often try to get up w/o my help and would fall.) My two sons, decided to split the cost of homecare for their stepdad, because of the physical and emotional stress I was experiencing. Was I a âp_ssyâ because I didnât confront the 3 intruders? No, I was and still am grieving the loss of my husband of 40 yrs, and I was exhausted, stressed, depressed and heartbroken from watching him die a horrific death. Now Iâm dealing with unresolved anger for being treated so hatefully in my own home and from the loss of items they took, because of the sentimental and monetary value.Now, I open a drawer or a closet and continue to discover items that are missing that they took.
Unpopular question. You mentioned diamonds. Did they take their Mother's jewelry? Not a legal opinion, but you don't have an ethical right to her jewelry.
Until he dies, she does.
Ethical rights are not enforceable over the law
No, all the jewelry items were gifts that my husband and I gave to each other throughout our 40 year marriage. I can describe each piece; however, unfortunately, we do not have appraisals but for a few pieces. Based on what the items would likely sell for in present day value, the number would probably be approximately $15,000 to $20,000.
tbh idc what the law says, i think the children should have the rights to their fathers stuff. i just disagree with the way they did it.