LA Probate Law Protection from Robbery of Probate
When someone dies and leaves behind money or property, a probate court appoints an executor to oversee the estate and distribute the assets to the heirs. Unless waived, a personal representative is required to render an accounting prior to distributing any assets. If you believe that the personal representative is not being truthful, an interested party is entitled to challenge the proposed accounting and even force disclosure of financial records says LA Probate Law. If you believe the executor is stealing from the estate, you have the option of filing charges against him. This can be a difficult task, since many prosecutors are unwilling to take on what they perceive as a family matter. Many lawyers recommend settling the issue in civil court, but this won’t do much good if the money’s already gone. Accounting for missing assets is going to depend on proof and possession.
Organized Crime has a Procedures Manual for destroying families and stealing their estates. It’s NOT pretty. Knowing how these crimes work will help you to protect yourself and your loved ones. Many people report very similar experiences. For the most part, there is no single crime called “fraud.” However, fraud is an intrinsic part of a number of offenses, most notably those in the theft category says LA Probate Law. The early theft crime of larceny required a taking of property from the possession of another; therefore using deceit to take the property of another that had been entrusted to the offender was not punishable because it was not larceny. Take your evidence to the police department and to the district attorney’s office if you decide to file criminal charges. Sign a complaint against the person you believe is stealing from the estate. Keep in mind that many prosecutors are unwilling to prosecute estate-fraud cases, especially when the executor is a family member of the deceased.
Probate instruments such as wills, trusts, guardianships and powers of attorney are being used to redistribute property in a manner contrary to the intended wishes of hard-working Americans. These are folks who mistakenly take the “bait” put forth regarding estate planning documents. Lawyers are the first to extol the need to avoid “the high cost of probate” or “government intrusion” as well as to protect one’s estate from “greedy heirs and lawyers.” During this process, however, the real “switch” potential is rarely discussed. Property fraud happens in many ways, but typically a fraudster will impersonate a homeowner and forge documents to try to persuade Land Registry to transfer the title into their name. They then use the property to raise a mortgage from a bank – and disappear with the money expresses LA Probate Law. Identity theft occurs when someone appropriates another’s personal information in order to commit theft or fraud. The Federal Trade Commission collects complaints about companies, business practices, identity theft, and episodes of violence in the media. In fact, fraudsters often target properties where the owner is absent – for example if the owner is a landlord, lives somewhere else for part of the year, is in residential care, or has died leaving the property held in trust.
Inheritance rights advocates are not necessarily lawyers or other associates of the legal community. Estate disputes should be moved from civil to the criminal venues in which they belong and where appropriate punishment can be applied. Legal professionals, their associates as well as government officials (often with a background in the legal profession) know the realities, but the lucrative status quo provides no incentive for change. Government will take the side of the people only when the people demand it and re-election may seem in peril. While this causes some to discount our opinions and perspectives, our credibility comes from personal experience and knowledge that the average person in no way understands the growing threat facing their lifelong accumulation of assets. Public policies regarding our probate systems must be reviewed. The culture surrounding probate and other applicable venues must also be changed. Attorneys and judges must face real accountability and consequences for misconduct.
Fraudulent activities should always be reported to your local law enforcement office. The following is additional information on how specific types of fraud complaints or cases of suspected fraud can be submitted to federal agencies. The report of elder financial exploitation should be made to each state’s adult protective services, which can be accessed by the eldercare locator website says LA Probate Law. Protect your loved ones by creating a living will that allows you to express your preferences about medical treatment and end of life important decisions in the event you are unable to communicate them. A living will lets you specify decisions about artificial life support in advance. It not only ensures your wishes will be heard, but also protects your loved ones from having to make these difficult, deeply personal choices for you. We also emphasize that tweaking the documents (“amending” the documents, in legalese) is very easy and very inexpensive, assuming that the change is not overly-complicated. Hire a lawyer to file a lawsuit if you decide to prosecute the matter in civil court. Choose a lawyer who specializes in probate matters. Keep in mind that even if you win the lawsuit, you won’t get any money if the executor has no assets and has already spent the stolen money.
LA Probate Law Protection from Robbery of Probate
Latest posts by Scott Schomer, Estate Planning Attorney (see all)
- Many Reasons to Plan - July 8, 2019
- Use Resources Efficiently With a Special Needs Trust - July 7, 2019
- Business Structures That Provide Asset Protection - July 6, 2019