Trustee Misappropriation of funds in IL

[painter1953]

What is the name of your state? Illinois

My brother in law was named the executor of his father's estate.

After his father passed away, he divvied up the personal effects and passed out the shares.

When it came to the cash, however, he was not so forthright. He has disappeared, giving a phony address in Virginia (a UPS Mail Center box #), and has a family member getting his mail. There is a court case on going which has now removed him as executor. He has refused to comply with the court nor appear at any of the hearings and has not provided the heirs or court with accountings of the estate funds or expenditures.

I do know that some minor children have received some funds but have been instructed not to divulge the amounts and their mother, one of the persons assisting in the deception of where he lives, of course won't be helpful.

My first question, in the state of Illinois, is there a specific statute llisting the "embezzlement" or mishandling of estate funds as a crime that an executor can be criminaly charged for?

For example, North Carolina has one (N.C.G.S. § 14-90 (2003)) that states "If any person exercising a public trust or holding a public office, or any guardian, administrator, executor, trustee, or any receiver, or any other fiduciary, or any officer or agent of a corporation, or any agent, consignee, clerk, bailee or servant, except persons under the age of 16 years, of any person, shall embezzle or fraudulently or knowingly and willfully misapply or convert to his own use, or shall take, make away with or secrete, with intent to embezzle or fraudulently or knowingly and willfully misapply or convert to his own use any money, goods or other chattels, bank note, check or order for the payment of money . . . belonging to any other person or corporation, unincorporated association or organization which shall have come into his possession or under his care, he shall be guilty of a felony."

Second, if so, can the person(s) helping him hide be charged as aiding and abetting?

Thanks, KarenWhat is the name of your state?

 

[GaAtty]

I do not know if there is a specific statute in Illinois, but it really doesn't matter. Without a doubt, Illinois will have a criminal statute that does apply. If he put the funds to his own use, it was the form of theft called conversion (converting the money to make it his own). He could also be found to have done criminal fraud, as well as theft by deception. If you have enough evidence for a criminal case, the district attorney will figure out what criminal statute fits, you don't have to. The DA will also tell you if the other people can be charged with accessory or conspiracy, because the DA will be the one doing the case.

 

[Dandy Don]

Did this man have power of attorney??

Your attorney, after you file charges against this man, can get bank records of the decedent showing how much money was in his accounts. Your attorney may advise you to spend a few hundred dollars on a private detective to locate this temporarily missing person.

Also ask your attorney how you can find out whether this trustee posted a trustee's bond or whether state law or the trust/will exempted him from doing so.

DANDY DON IN OKLAHOMA ([email protected])