1. What Should Families Do after Discovering Missing Assets?
An unfamiliar deed or missing withdrawal can be troubling, particularly when a trusted person controlled the assets. Protect available records and ask the institution about safeguards. Reporting suspected exploitation does not itself recover the money.
Protect Accounts without Disturbing Evidence
Contact the bank promptly, explain what you found, and record:
- Transaction dates, amounts, and account alerts.
- Names of bank representatives and complaint numbers.
- Current account access and any existing legal authority.
Ask whether the bank can review or restrict suspicious transactions. Relatives must not access or move funds without legal authority. For related warning signs, see elder fraud information.
Report the Concern to the Appropriate Agency
Los Angeles County Adult Protective Services (APS) accepts reports at (877) 477-3646. Choose the channel that matches the concern:
- APS for suspected exploitation and protective support.
- Police or the Sheriff for possible criminal conduct.
- The Long-Term Care Ombudsman for facility-related concerns.
Describe suspected conduct rather than declaring anyone guilty. APS addresses protection; courts decide claims for property relief or damages.
2. How Can Families Trace and Preserve Missing Property?
One unusual withdrawal rarely reveals the full story. Follow the money from the last undisputed balance through later transfers. Save original files, recording where each came from.
Build a Transaction Timeline
Use a simple chronology linking dates, recipients, and assets:
- Statements, canceled checks, and wire confirmations.
- Recorded deeds, trust records, and beneficiary changes.
- Powers of attorney and relevant correspondence.
Flag gaps without guessing at motives. Obtain missing documents through authorized requests or discovery.
Prepare for Discovery and Settlement
Once a case is filed, discovery can test the parties' explanations. Available tools may include:
- Document requests and subpoenas subject to legal limits.
- Depositions or other sworn testimony.
- Expert analysis of complicated financial transfers.
Privacy rules may limit disclosure. Settlement terms should identify the assets, payment dates, releases, and consequences of nonpayment.
3. Which Court Action Can Help Recover the Assets?
The right filing depends on ownership, legal standing, and the requested remedy. Welfare and Institutions Code (WIC) § 15610.30 defines financial abuse, but a disputed family transfer does not automatically meet its requirements.
Compare Civil Claims and Probate Petitions
The routes can overlap, but their purposes differ:
| Route | When It May Fit |
|---|---|
| Civil action | Seek supported damages and other available relief for wrongful conduct. |
| Probate Code § 850 petition | Resolve qualifying disputes over property claimed by an estate, trust, or conservatee. |
Civil action
- When It May FitSeek supported damages and other available relief for wrongful conduct.
Probate Code § 850 petition
- When It May FitResolve qualifying disputes over property claimed by an estate, trust, or conservatee.
Probate Code § 850 requires an eligible petitioner and a qualifying property dispute. Estate or trust assets may require trust and estate litigation review.
Assess Available Relief before Filing
The pleading and evidence shape the available relief:
- Compensatory damages for established losses.
- Reasonable attorney's fees and costs under WIC § 15657.5(a) when liability is proven.
- Property orders or other statutory relief where requirements are met.
In qualifying property recovery proceedings, Probate Code § 859 can impose liability for twice the value of property recovered when its statutory findings are made. Separate federal crimes do not replace a state civil claim.
4. What Happens after Settlement or Judgment?
A settlement may provide payment dates; a money judgment may still require collection. Identify the person who owes the money and assets legally available for enforcement. Court orders do not move funds automatically.
Review Payment Terms and Collection Options
If a money judgment remains unpaid, available steps include:
- Request payment under the judgment or settlement terms.
- Seek a debtor examination to identify assets.
- Apply for a writ of execution for an authorized bank levy or wage garnishment.
Recording an abstract of judgment in the appropriate county may establish a real-property lien. Exemptions and collection rules still apply. Review civil litigation for related court procedures.
Confirm Who Can Pursue the Claim
If the elder has died, confirm who is legally authorized to pursue a claim:
- Whether an estate personal representative has been appointed.
- Any trust authority affecting the disputed assets.
- Whether an eligible successor can proceed under applicable law.
WIC § 15657.3 preserves qualifying claims, subject to standing rules and existing deadlines. A family relationship alone does not establish standing.
5. Frequently Asked Questions
Must prosecutors file criminal charges before a civil recovery case?
No. A civil claim can proceed independently, subject to its own elements and proof. Criminal proceedings may affect case strategy.
Can a suspicious property transfer be challenged if the deed was recorded?
Potentially. Recording does not conclusively establish a transfer's validity. The available claim depends on the transaction and supporting evidence.
Does filing an APS report stop the statute of limitations?
Do not assume it does. Civil filing deadlines and any applicable discovery rules must be assessed separately.
What if the alleged wrongdoer moved assets to another person?
Recovery depends on the recipient, the transfer, and available legal claims. Preserve records identifying subsequent owners and transfer dates.
6. Discuss Asset Recovery Options with SJKP
Missing assets raise difficult questions about ownership and authority. SJKP's attorneys can examine the financial trail, filing options, and prospects for collecting a judgment.
Contact SJKP with transaction records and correspondence to discuss a suitable next step.
11 Sep, 2026
