Summary
An executor accused of omitting assets and misappropriating estate property may face serious legal consequences. Defenses could include lack of evidence, permission, or mistake. If the executor was aware and deliberately drained a bank account, it constitutes a breach of fiduciary duty. Legal actions include filing a complaint with the probate court, seeking restitution, and considering civil or criminal charges. To pursue criminal charges, report the theft to law enforcement with evidence such as bank statements, communications, the will, and proof of ownership of stolen assets.Full Conversation
no. how would his attorney try to defend ?
In a case where an executor is accused of omitting assets, stealing, or selling estate assets, their attorney might use the following defenses:
- Lack of Evidence: Argue there is insufficient proof of wrongdoing.
- Permission: Claim the executor had permission or legal authority to take the actions.
- Mistake: Assert that any omissions or sales were honest mistakes rather than intentional acts.
Would you like to know more about the steps you can take against such actions?
how could omitting a bank account and life insurance policy be a mistake?
Omitting a bank account and life insurance policy could be considered a mistake if:
- The executor was unaware of the existence of these assets.
- The assets were accidentally overlooked during the inventory process.
- There was a clerical error or misunderstanding of what needed to be included.
Would you like more details on how to address this issue in court?
executor was aware and he drained the deceased bank account ?
Case Rating: *
If the executor was aware of the bank account and deliberately drained it, this is a serious breach of fiduciary duty. You can take the following steps:
- File a Complaint: File a complaint with the probate court to have the executor removed.
- Seek Restitution: Request the court to order the executor to return the stolen funds.
- Legal Action: Consider civil or criminal actions against the executor.
Would you like more information on how to proceed with these steps?
i want him in jail ?
Case Rating: *
To pursue criminal charges against the executor, you should:
- Report the theft to local law enforcement.
- Provide evidence of the executor's actions.
- File a complaint with the probate court for removal and restitution.
Would you like more detailed information on how to report this to law enforcement?
yes i would
Case Rating: *
To report the theft to law enforcement, follow these steps:
- Collect all evidence of the executor's actions.
- Visit your local police station or sheriff's office.
- File a police report with the details and evidence of the theft.
Would you like more specific guidance on the evidence needed for your report?
yes
Case Rating: *
To report the theft to law enforcement, you'll need to gather the following evidence:
- Bank statements showing the drained account.
- Any communications with the executor regarding the assets.
- The deceased's will and inventory of the estate.
- Proof of ownership of the stolen vehicle and other sold assets.
Would you like more specific details on gathering this evidence?
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