is this against the law and is there any jail or criminal charges againt him from the courts
2006-11-04 02:57:44 · 6 answers · asked by Robert C 1 in Politics & Government ➔ Law & Ethics
Two options.
First, a civil (private) suit for violation of his fiduciary duties as executor. This could result in him being removed from the position, and having to make resitution (repayment) for anything improperly taken from the estate. This would be handled in state court, either normal civil term or in many states probate court. Because the suit can get fairly technical, you should consult with an attorney.
The criminal option is possible, if you give the police a complaint. But the criminal angle also varies by state, and not all states have criminal laws that address this situation. Even if they do, some states require a successful civil challenge before the criminal charges can be brought. Consult your local district attorney's office, and find out what they can do to help.
2006-11-04 04:51:03 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
Simply call the Clerk of Court's office for the county in which the estate is held and report him.
2006-11-04 11:03:11 · answer #2 · answered by Yeah, it's good 3 · 0⤊ 0⤋
Yes, he had no right ro steal from as estate, you are aiding, if you don't have him stand up to his moral responsiblity and oaths he took. He can be charged for theft and it is against the law.
Silver Birch
2006-11-04 11:21:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Make a motion in probate court
2006-11-04 12:23:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You'll need to consult an attorney, who will ask for a fiduciary accounting.
2006-11-04 10:59:55 · answer #5 · answered by Mrs. Strain 5 · 0⤊ 0⤋
petition the court
2006-11-04 10:58:41 · answer #6 · answered by Anonymous · 0⤊ 0⤋