What will happen if there is no Will of a recently deceased and their oldest child removed funds from the deceased’s account before probate to pay bills?

Get Legal Help Today

 Secured with SHA-256 Encryption

What will happen if there is no Will of a recently deceased and their oldest child removed funds from the deceased’s account before probate to pay bills?

The bills include the mortgage, burial, etc. Will there be criminal charges pending if there are no objections from the family?

Asked on September 3, 2012 under Estate Planning, California

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

How did the oldest child remove funds?  If he or she was on the account, then there is no problem.  If he or she forged the decedent's name, there could be criminal conduct.  However, a law enforcement agency would have to be interested enough in this to take action.

You or your family should consult a probate or estate lawyer in your area.  The lawyer can advise how to proceed.

Another piece of advice that I give to friends and clients - Do not talk to the police without a lawyer present.  If law enforcement contacts anyone about this, they should decline to talk and say they want a lawyer.  Then get a criminal lawyer and follow his or her advice.  I know this costs money.  It may cost a great deal more than money if you don't follow it.  My criminal defense lawyer friends tell me most of their clients ended up in trouble because they talked.  You have a constitutional right to remain silent.  You should exercise it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption