An executor who does not report theft from an estate before inventory commits theft by stealing property from it before inventory is conducted. According to the thief, the property is “outside the estate,” which is false. Once you discover the theft, you may be able to recover the money or property. Here we discuss what probate attorneys do when there is a theft in the estate before inventory.
What to do when there is a theft?
You can regain the stolen heritage by asking the thief to return ownership of the property. If that fails, you may need to file a proceeding. First, ask for the return of real estate assets. If they do not respond, immediately consult a lawyer to understand the real estate theft law that protects the rest of your real estate. When people steal property, they are more likely to move on.
The death of a loved one is always a time of great turmoil, especially when they do not leave the will and documentation detailing all of their property. As a result, the property can be lost, or money was stolen in the shock and activity of planning a funeral, leaving families in severe financial trouble.
In most cases, civil lawsuits are the appropriate method. Gather evidence and leave it to the court. You can get the following refunds.
Surcharge: If the stolen executor is also a beneficiary, the court may raise his share of the inheritance to compensate other beneficiaries and heirs.
Turnover: If you submit an application for disclosure and return and the defendant is found to have stolen your inheritance, the court will force him to return the stolen property.
Dismissal of trustee or executor: If you are found guilty of theft, you can remove the executor or trustee—attorney’s fee. If the executor is found guilty, he is ordered to repay some of the property he used to hire a lawyer. He can also request payment of statutory costs.
Commission exemption: Guilty executors can also be denied fees, usually one-third of the value of the real estate.
Role of probate attorney when there is theft of deceased estate before inventory
Pre-inventory theft from real estate occurs when someone steals real estate from the real estate before the inventory is acquired. The thief’s purpose is always to convince everyone that the property does not belong to real estate.
A detailed list of deceased features makes it easy to see what is missing. Once you have identified what is missing, you may be able to get it back. For example, taking a picture of the inside of a house is a wise choice. Now you may need to go to the Probate Court and find an ideally reputable lawyer.
An easy way to do this is to ask the suspect to hand the property to real estate for inventory. Of course, it’s always possible that this won’t work. However, with evidence, you may return your assets for fear of being prosecuted in court. If you don’t get it right to ask them, you must take them to court. It would be best if you had a good lawyer, and you would find solid evidence.
Most people steal property before inventory is near the deceased. I suspect something isn’t inventoried and, therefore, unaware that it’s missing. These people are:
- The family includes children, nieces, cousins, siblings and sisters, friends
- Home nurse, orderly, or someone else who took care of the deceased
- Legal or accounting team (less often)
- Stranger (rarer)
- Executor, estate administrator, or beneficiary
When can theft happen commonly?
Before the owner’s death, anyone can steal assets and property. For example, a malicious family may hide jewelry or other expensive items in front of the owner, or an executor may overcharge service.
It can happen even after death. Most malicious individuals are in the news of the end of a real estate owner looking for the deceased’s property to look for valuables long before the executor is appointed to take inventory. We aim to take advantage of the shock and confusion that continues. In some cases, valuable works of art, jewelry, stock certificates, classic cars, cash, etc., will disappear before the making of the will.
After the owner’s death, the executor, trustee, and beneficiary may also begin stealing from the property. For example, you may intentionally exclude certain assets from inventory. Therefore, it is always wise to monitor these individuals and apply to the court to remove them from their position if they steal.
However, there is a need for proper evidence to dismiss an executor or administrator and recover stolen or misappropriated assets. You may need to use the services of a court accountant to analyze your financial statements and work with a probate attorney.
You can also recover the stolen inheritance through law enforcement. Law enforcement agencies help prosecutors prosecute thieves. If the court finds the accused guilty, then they face serious consequences.
We understood what probate attorneys do when theft from the real estate before inventory is noticeable can happen to anyone. Know how it happens, who is doing it, and when you can stop it and help seek compensation out of court or by filing a civil action.
In either case, you will need the assistance of an experienced prosecutor’s attorney. They work with a court accountant to collect, analyze, and prepare evidence to support the case. In some states, there is a deadline for filing such a claim. Again, working with experienced legal professionals will help you manage such requirements.