Should I agree to a polygraph test?

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

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 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.

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