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?
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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 5 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.
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