when my dad died my brother faked paper work and stole his new truck and took all his money out of the bank .

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when my dad died my brother faked paper work and stole his new truck and took all his money out of the bank .

when my dad died my brother faked paper work and stole his new truck and took all
his money out of the bank .and says there is nothing i can do about it. truck was
40,000 dollars and 20,000 out of checking account. what can i do about this?

Asked on November 23, 2016 under Estate Planning, Florida

Answers:

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

Answered 4 years ago | Contributor

Sorry to hear about your dad.
You can sue your brother for conversion (theft in a civil case).  Your remedy is to seek a constructive trust which will require your brother to return the truck and stoien funds to your dad's estate.  If your brother has made any acquisitions with the stolen funds, the constructive trust can trace the funds to the items purchased and those items or their value can be returned to the estate.


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