In Nevada, at what point does withdrawing money from a checking account in which a person has a power of attorney right only become a legal violation of the law?
State/Country relating to question: Nevada
I have discovered cash check money removed for personal use of the POA
Hello,While a person holding a POA for another person has the legal authority to act on the grantor's behalf, if they do so for their own benefit, then that can be considered fraud or conversion. Conversion is the unlawful taking of another's property and refusing to return it. The POA holder has a legal duty to act only on behalf of the grantor's interests and if they take money without permission, they can be charged with fraud and theft if the grantor files criminal charges with the local district/county attorney..
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Great, thorough answer. The person who granted authority has passed. The trustee of his trust has discovered the apparent theft. The account was in a personal account with no beneficiary named in the account. The trust will states all bank accounts are to be given to the trust. Can the trustee file charges?
Legally no. If the grantor was the owner of the account in their personal name, not the trust's name, then upon their death, that account would then be considered an asset of the deceased's estate. Someone would have to open a probate case and be named executor (if there was a will) or administrator (if no will). Then they would have the legal authority to pursue the theft against the POA holder both civilly and criminally..If there was a "pour-over will" that directs all assets of the estate to go into the trust, then the executor named in the will would be the one to act to pursue the funds..
13 years practicing criminal defense.
You have answered my questions in a manner that is so much more helpful than any I have received from others in the past. A paragraph is so much more informative than a sentence.Thank you for that. Are you practicing in Nevada? I need help in Las Vegas.
You are very welcome. I try to be complete and thorough without using confusing "legalease" and $5 words....Unfortunately, my independent contractor agreement with JA prohibits me from representing customers from the site. (much to the dismay of my wallet)..
If the executor of the will is the same person who is named as the POA (also the alleged thief) and that person has never done anything to probate the will, what then?
Any heir can file to open a probate case and then get the judge to order the executor to deliver a copy of the will. Then the heir can formally complain to the judge that the executor is guilty of conversion and should not be executor. If the judge agrees, he can appoint another heir or family member as executor and remove the original one. Then the new executor can pursue the old one for any misappropriated funds on behalf of the estate..
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