As Appointed Representative, what do I do if the decedent’s girlfriend stole personal property, all financial paperwork and funds from the bank account before I was able to gain access?

Get Legal Help Today

 Secured with SHA-256 Encryption

As Appointed Representative, what do I do if the decedent’s girlfriend stole personal property, all financial paperwork and funds from the bank account before I was able to gain access?

She had financial Power Of Attorney which ended at my relative’s passing. She had keys to his RV but was

not living there and has her own home.

Asked on February 15, 2019 under Estate Planning, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First, the sheriff is wrong: stealing from an estate is theft and so this is criminal. However, rather than fight with the sheriff over this, as the Representative, you can file a lawsuit against her in county court for the value of the items and money she took and/or for the return of the actual items and paperwork. The Representative may bring lawsuits on behalf of the estate, though you will have to hire a lawyer (which can be paid for through estate funds, as a legitimate estate expense) to do this (while you are the Representative of the estate, unless you are an attorney yourself, you are not allowed to represent it in court). If you sue her and you can prove these were the money, belongings, etc. of the deceased and not the girlfriend's personal proeprty (e.g. her jewlery, which happened to be at his home), you can get a court order that she return or repay the value of what she took.


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