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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My son in law and his brother were left significant funds to

Customer Question

my son in law and his brother were left significant funds to be distributed at certain ages. Their fathers "friend" is the trustee of the money" life insurance" in the excess of $150.000 son in law has reached the age where his portion, about $60,000 is due him. the "friend" says there is no money left to be distributed. son in law has hired an attorney that wants the sherrifs dept to take a report but they refuse , saying it is a civil matter.he has not presented an accounting of the funds as asked. This friend is known as a user; contractor who has filed bankruptcy and knows enough not to have any property in his name. Isn't this embezzlement, a crime the sheriffs office should accept a report on. people whom have done business with him no him to be untrustworthy, but he has pulled the wool over his church friends representing himself as a mission attending upstanding christian. I am wondering if he has friends at the sheriffs office thwarting his attempt to report this as a crime. any suggestions?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
I am sorry to learn of this situation, but this actually is a civil matter and your son in law does need to pursue it as such (the cause of action is "breach of fiduciary duty" and "conversion" (the civil equivalent of theft)). You can follow up with the prosecutor's office (District Attorney) as the top law enforcement authority in your county they can exercise some additional discretion in investigating the case to determine if there is any potential criminal activity, but these matters are generally civil in nature and not criminal.

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