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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2983
Experience:  associate attorney
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If the personal representative estate does not distribute a

Customer Question

If the personal representative for an estate does not distribute a share owed to an heir and keeps it is this a crime?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

If the personal representative (PR)does not properly distribute the property to the heirs, it is normally a civil action rather than a criminal one. Of course if there is theft or embezzlement then there can be criminal charges against the PR but the heirs will most likely need to prove that the PR breached his/her fiduciary duty. The heirs could then remove the PR and sue them for damages in civil court. These damages would be the loss the heirs incurred because of the actions or inactions of the PR. So to answer your question, this is most likely a civil action and not a criminal one.

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Expert:  Christopher B, Esq. replied 1 year ago.

Just checking back in, do you have any further questions?