Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Estate Litigation > If a person has misusing money from an estate, the executor of the estate, what charges can they be brought on and do they have to repay the money sto

If a person has misusing money from an estate, the executor of the estate, what charges can they be brought on and do they have to repay the money sto

1 Answers. Asked on Dec 12th, 2012 on Estate Litigation - Georgia
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Licenced in CT
Answered on Dec 12th, 2012 at 10:14 AM

In general, this kind of misuse of estate funds should be viewed as a civil wrong, not a crime. The appropriate remedy is to have the probate courts require the executor to repay the money and, if possible, to pay the costs of enforcement. The criminal justice system does have the time or expertise to pursue these kinds of claims. See an attorney.

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Estate Litigation
Most estates go through the probate process in a smooth manner. But if a family member feels that he or she has been wronged, disputes can occur. From voided wills to looted estates, from accounting disputes to disagreements over the sale of assets, an estate litigation attorney can represent either the estate itself or beneficiaries in the event of a contested will, contested trust and/or allegations of wrongdoing. Estate litigation lawyers and law firms can also work with families if guardianship is being contested.
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