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lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25387
Experience:  Practicing criminal defense attorney
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I have reason to believe our executor (of a revocable trust)

Resolved Question:

I have reason to believe our executor (of a revocable trust) has pocketed my share of liquid assets as he refuses to disburse the money.
Question: Can I press criminal charges against him?
Would he have to spend time in jail if convicted and what is a typical jail sentence for crimes of this nature?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  lwpat replied 7 years ago.
In order to properly answer I need some more information. Who are you in this situation, how are you related to the trustee, who set up the trust and when were the assets to be distributed and any other details .
Customer: replied 7 years ago.
<p>My mother set up a revocable trust and named my brother as a trustee and executor upon her death 2 years ago in Palm Coast Floridate (Flagler County). The money should have been disbursed upon her death. He did not provide any accounting of the estate, and his Attorney petition the Probate court in Flager County to close the case due to inactivity. His Attorney told me that several attempts were made to provide an accounting, but to no avail.  The amount of money he ows is roughly $100,000.00</p>
Expert:  lwpat replied 7 years ago.
Sorry about the death of your mother and that she trusted the wrong child. I hate to break more bad news but the money is probably gone by now. You can sue him and here that is your only option. However he has had enough time to arrange his affairs and will probably file bankruptcy when you win your lawsuit. In the meantime it will be three years and much of your $$$ just to get the judgment. This is one reason I always recommend that it be a professional trust company as successor or either co trustees. However that is water under the bridge. Here is the referral site for attorneys. You can find one to handle your case and good luck to you.

Customer: replied 7 years ago.
How about criminal liability for Executor fraud or embezzlment. Doesn't that apply to these types of situations or cases?
Expert:  lwpat replied 7 years ago.
In my experience law enforcement will not get involved between family members. They will simply tell you it is a civil matter.

An accept for my time is always appreciated
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