If a POA is found guilty of taking money from an estate, can a lien be placed ontheir home for retribution?

Asked on July 28, 2010 under Estate Planning, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you mean "restitution?"  As associated with a criminal proceeding that occurred?  Generally these are court programs that are a condition of a sentence and payments are made through the local probation department (in New York City through "Safe Horizon").  If you want to put a lien on the perpetrator's assets then you will have to file a civil lawsuit as against them and have a judgement rendered on your behalf before you file a lien.  This is different from the criminal proceeding and you need to speak with an attorney in your area as to your rights in this regard. If you have a conviction against them in a criminal proceeding this can often be used as proof in the civil proceeding.  Good luck.

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