What will happen if there is no Will of a recently deceased and their oldest child removed funds from the deceased’s account before probate to pay bills?
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What will happen if there is no Will of a recently deceased and their oldest child removed funds from the deceased’s account before probate to pay bills?
The bills include the mortgage, burial, etc. Will there be criminal charges pending if there are no objections from the family?
Asked on September 3, 2012 under Estate Planning, California
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 12 years ago | Contributor
How did the oldest child remove funds? If he or she was on the account, then there is no problem. If he or she forged the decedent's name, there could be criminal conduct. However, a law enforcement agency would have to be interested enough in this to take action.
You or your family should consult a probate or estate lawyer in your area. The lawyer can advise how to proceed.
Another piece of advice that I give to friends and clients - Do not talk to the police without a lawyer present. If law enforcement contacts anyone about this, they should decline to talk and say they want a lawyer. Then get a criminal lawyer and follow his or her advice. I know this costs money. It may cost a great deal more than money if you don't follow it. My criminal defense lawyer friends tell me most of their clients ended up in trouble because they talked. You have a constitutional right to remain silent. You should exercise it.
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