If you are a beneficiary of an estate and suspect the executor is stealing, the experienced estate litigation attorneys at Landskind & Ricaforte Law Group, P.C. can help you prove the executor’s theft and take aggressive legal action on your behalf.
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As a beneficiary, you have the right to file a lawsuit against the executor based on your claim to the funds and property held by the estate. Filing a civil lawsuit takes time, but you should be able to appear before the probate court to request an injunction which can limit the damage that the executor can do while your case is being decided ...
Jun 30, 2019 · If you are a beneficiary of an estate and suspect the executor is stealing, the experienced estate litigation attorneys at Landskind & Ricaforte Law Group, P.C. can help you prove the executor’s theft and take aggressive legal action on your behalf. We represent clients in New York City, Stanton Island, Queens, and Long Island, so call us today, or fill out our online …
Feb 11, 2021 · A surcharge will typically be imposed for the amount that the Executor has stolen from the estate. If the Executor is bonded, then the surety will pay the surcharge and then seek to recover from the Executor afterwards. Bringing a Turnover Proceeding Against the Executor Who Steals from the Estate.
Mar 07, 2018 · An order for the executor to return any stolen property to the estate. Felony criminal charges brought against the executor. To learn more about the consequences of stealing from an estate or what you should do if you suspect stealing from an estate, call The Grossman Law Firm at (888) 443-6590. Or fill out our quick and easy online form today.
If you discover that the Executor has stolen, you can also commence a Discovery and Turnover proceeding to get the asset back into the Estate. Click here for more details about the Discovery and Turnover process.
A person with an interest in the estate can petition to have an Executor removed if there are good grounds to do so. For example, if a beneficiary believes that the Executor is stealing funds from the estate, he can prepare and file a Petition to Revoke and Appoint.
A bond is insurance for the estate. It is a device used to protect the estate from any wrongdoing on the part of the executor and make sure that all of the estate creditors are paid and that all beneficiaries receive their appropriate shares.
For more information, please contact Guardianship , probate and estate planning attorney Regina Kiperman: Phone: 917-261-4514. Email: [email protected]. Or visit her at her office: 80 Maiden Lane.
Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.
When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.
But you won't need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds).
The estate won't owe either state or federal estate tax. More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.
Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.
It is not common for an executor of an estate to be criminally prosecuted, but it does happen. An executor or anyone else improperly taking money from an estate can be subject to criminal prosecution for theft from the estate, even if they are one of the beneficiaries. Taking more than you are entitled to by law can be interpreted as stealing ...
An executor or anyone else improperly taking money from an estate can be subject to criminal prosecution for theft from the estate, even if they are one of the beneficiaries. Taking more than you are entitled to by law can be interpreted as stealing from the other beneficiaries of the estate.
The court can discharge the executor and replace them with someone else, force them to return the money and take away their commissions. There can also be criminal a penalty, but most estate theft allegations do not escalate to criminal prosecution.
New York’s Penal Law (the Criminal Law) states that “A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.”.
Power of attorney can be either durable or springing. If you sign a document giving durable power of attorney, your agent can immediately start making decisions on your behalf. With springing power of attorney, your agent will assume authority only once certain conditions has been satisfied.
There are a few different kinds of power of attorney. The two most common two varieties are general power of attorney and medical power of attorney. General power of attorney gives an agent the power to make a wide range of decisions on financial matters, business transactions, retirement accounts and more.
Power of Attorneyis a legal document that gives an individual the authority to make decisions on behalf of someone else, often when the latter person has become incapacitated or is otherwise unable to make her own decisions. Someone with power of attorney is often referred to as the agent.
Two of the most prominent of these roles are the executor of your estate and your agent with power of attorney. The two roles may be filled by the same person, but the roles themselves are very different.
The probate processis the act of filing the deceased’s will with the appropriate probate court, locating and collecting all the assets, paying off all debts associated with the estate and distributing what’s left to the proper beneficiaries. The executor must be extremely organized and detail-oriented.
Once you figure out the type of attorney you need, you then need to go about hiring an estate attorney. Here are a few tips to hire an estate attorney: 1 You don’t have to hire the first estate attorney you talk to. Personality matters. As an executor, you will have to work with the estate attorney, so make sure the estate attorney you hire is someone you trust and respect. 2 Ask about the fees. How will the estate attorney be compensated for her work? Will she charge you by the hour or is there a flat fee based on the will and size of the estate? 3 Ask about the process. Will you work with the person you are talking to or a team of people? If it will be a team, make sure you meet those people as well. Paralegals can play a significant role in this process – so meet them if they will be involved.
Because wills and estates vary in complexity, and assets within the estate can add another layer that must be understood and managed properly, it’s always a good idea to have an estate attorney at your side to help manage your executor duties.
When an abuser steals from an estate, the penalty can be as little as simply returning the stolen monies or assets to the trust or estate. However, the California Probate Code does provide statutory bases for pursuing double damages, treble damages, punitive damages, disinheritance of the abuser, attorney’s fees and/or costs in egregious cases.
Stealing from an estate or trust is a civil matter, which means that the authorities most likely are not going to do anything other than make a police report about the theft. It is highly unlikely, unless the theft is such monumental and institutional nature, that a district attorney will have the time or resources to make an individual case ...
Make copies of all the evidence. Get a copy of the will and other documents filed with the probate court. Make copies of any letters or financial statements sent to you and other victims by the executor.
Decide if you want a criminal prosecution or a civil prosecution. If you file criminal charges, the executor of the estate may end up going to jail. If you file a civil lawsuit, the executor may be required to pay back some of the stolen assets.
Take your evidence to the police department and to the district attorney's office if you decide to file criminal charges. Sign a complaint against the person you believe is stealing from the estate. Keep in mind that many prosecutors are unwilling to prosecute estate-fraud cases, especially when the executor is a family member of the deceased.
Hire a lawyer to file a lawsuit if you decide to prosecute the matter in civil court. Choose a lawyer who specializes in probate matters. Keep in mind that even if you win the lawsuit, you won't get any money if the executor has no assets and has already spent the stolen money.