What happens if a person steels from a Trust?

UPDATED: Oct 1, 2022

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What happens if a person steels from a Trust?

My sister has claimed to be the sole heir to an estate and has claimed a

property out of an estate that I am the Trustee. She has done this without any

court. She has been using fraud to get what she thinks she is entitled to.

Asked on July 2, 2018 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Stealing from a trust is like stealing from a person or business: it is theft, and it is a crime. (And theft is a crime whether done by fraud/deception or by force or by simply taking something, etc.--the exact type of theft varies, but it is all a crime and also a tort, or something you can sue over.) She can be prosecuted criminally and also sued by the trustee, on behalf of the trust, for the money or other property she improperly took. Speak with an attorney about the legal actions you can take as a trustee and whether filing a police report and pressing charges would be warranted and advantageous.

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.

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