Should I agree to a polygraph test?

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Should I agree to a polygraph test?

Over $1,000 went missing from my employer’s office and I was 1 of the 4 people who was in the office that day. I didn’t steal the money but I’m concerned about agreeing to this test because I am already on probation and I do not want police contact. I also don’t want to deny the test and automatically bring suspicion to myself for no reason.

Asked on November 21, 2016 under Estate Planning, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The beneficiaries could sue the son for conversion (theft in a civil case).  The remedy would be a constructive trust which would require the son to return the funds to the estate.  Since the son has spent the funds, a constructive trust can be used to trace the funds to the items purchased by the son and those items or their value can be returned to the estate.


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