What Happens If Someone Is Caught Stealing from an Estate?

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When an individual passes away, they leave an estate in the form of a will for their loved ones and beneficiaries. They also assign an executor who cares for the assets and fairly distributes them to all beneficiaries once the individual passes away.

Since executors have easy access to all cash and bank accounts, it’s quite straightforward for them to steal from the estate. In fact, even beneficiaries are able to steal from the estate. Any form of stealing from the estate by anyone is considered a crime that will be legally penalized.

Stealing From Estate and Its Repercussions

As mentioned, stealing capital, money, and assets from an estate is a criminal offense that will be charged based on probate laws. Depending on the State laws and the nature of this crime, the punishment can be as simple as returning the assets stolen or paying them off. They will also need to cover damages and fees like those of the attorney. However, in some cases, the guilty individual may have to spend time in jail.

The individual will be jailed if the stolen amount is substantial and there is solid evidence proving the crime. However, the court typically does not let it escalate that much. Most often, they will have to pay back the assets, possibly with interest.

If you suspect someone is stealing from the estate, you can file a lawsuit against them. You can file civil charges against them, wherein their penalty will be repayment. Alternatively, you can file criminal charges against them, where they will be penalized by jail time.

Depending on the type and amount of assets stolen and how they were stolen, the person will be penalized with criminal or civil charges.

In many cases, an executor is found stealing from the estate. Here, they will be penalized accordingly and removed from the estate. Hence, they will no longer have the power to manage and control the estate. The court will then assign someone else in place of the executor, typically the beneficiary.

What to Do If Someone Is Stealing From Your Estate

If you know or suspect someone is stealing from your estate, you should get in touch with an probate attorney nyc, Manhattan, Queens, or any other area of your State. They will then draft a letter to the accused person. The accused can either return the items or be penalized.

However, you can take them to court if they don’t do either. The convicted individual will then be penalized and have to pay for the stolen asset, damages, and any fees.

The case will automatically go to court if the accused is the executor. The judge will penalize the executor and remove them. They will then replace someone else as executor.

Get In Touch with Ledwidge & Associates

You should take swift legal action if you suspect someone is stealing from your estate. For information and guidance on how to do that, get in touch with Joseph Ledwidge attorneys. We are the leading Estate lawyer Brooklyn, Manhattan, Queens, and New York.

For more information and to book a consultation with us, visit our website today!

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What Happens If Someone Is Caught Stealing from an Estate?

Ledwidge & Associates

Ledwidge & Associates, P.C. in New York City has years of experience helping clients create estate plans that fit their needs. We have the experience and resources to handle your critical legal matters with the utmost care and attention to detail.
What Happens If Someone Is Caught Stealing from an Estate?

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