Can I criminally prosecute?

[Beneficary]

What is the name of your state? Arizona

Estate totally settled but sole executor has kept $3,000 of money that was suppose to be mine-he gave himself an excess distribution. Despite letters to his lawyer-no money or no answer. Can I file a criminal grand theft complaint against him?

 

[racer72]

Only a representative of a prosecutors office can file criminal charges. You will need to file a complaint with the police then the prosecutor's office will determine if criminal charges are warranted. Don't be surprised if they do nothing and tell you to file a civil lawsuit.

 

[Dandy Don]

How did you know that he had this $3,000 extra money?

What is the total amount in executor fees that he charged for this estate?

Check with the county courthouse probate court to see whether this executor was required to post an executor's bond for this estate.

DANDY DON IN OKLAHOMA ([email protected])

 

[taxlady@pacbell]

$$$

It will probably cost you more than $3,000 either in money or effort to try to recover or attempt to prosecute. I doubt that the DA would want to try to recover. It probably was for fees and expenses or that in the will or trust there was a clause that "he" could be paid compensation. Ask for an accounting!