As an administrator, can I press charges on a person for removing property from an estate?

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As an administrator, can I press charges on a person for removing property from an estate?

Asked on April 17, 2015 under Estate Planning, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Not only can you do so, you are legally obligated to do so. As administerator of an estate, you have been invested with a fiduciary duty to, among other things, protect estate assets. Accordingly, you should proceed with obtaining the retrieval of the removed items. If necessary, criminal as well a civil remedies, may be available to you. At this point you should contact the appropriate probate court and/or consult with a probate attorney.

Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 6 years ago | Contributor

Yes, as administrator of the estate you are responsible for protecting the assets of the estate.   If somewrongfully stole from the estate, you can press charges against them and pursue the return of the items or compensation if they cannot be recovered.  


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