When the executioner of the will is in place, he agrees to act in the best interests of the estate and to abide by the wishes of the dead for the beneficiaries of the estate. However, not every enforcer is honored and the beneficiary should receive regular updates documenting what he is doing. If the beneficiaries believe that the executioner is stealing the estate, they need to act quickly to preserve their inheritance.
The longer you wait to take action against the thief, the less likely you are to get your stolen money or property back. You can start by facing the executive to ask for an explanation of problematic transactions or the sudden disappearance of funds. However, be prepared to escalate quickly, as this confrontation may only warn the enforcer that he needs to speed up efforts to withdraw money. Beneficiaries have the right to file lawsuits against judgment enforcers based on their requests for funds and property in the estate, and delays can be costly. Civil litigation may not have much practical effect if the money has run out, even if you win the case.
Request an order
The sooner you prevent the trustee’s ability to steal property, the more assets you can preserve. While a lawsuit can take a long time to pass through the system, you will be able to appear in court to request a quick order. This limiting the damage can be done while the case is being decided. Among your options is a request to remove the trustee, prevent the trustee from taking any additional property from the estate, and prohibit the use of stolen funds.
In addition to preventing will enforcer from accessing the estate’s assets, you can also ask the court to restrict the account itself. Ask the court to order the financial institutions holding the trust’s assets to restrict accounts and prohibit withdrawals without a court order. Instead, the trustee may be required to place the money in a limited account for a short period of time and provide evidence that this happened, with disregard for the court’s allegations being a possible response if he refuses.
Criminal court fees
You can criminally charge law enforcement as well as civil charges if you have enough evidence that the crime was committed. This option depends on how your state determines theft and theft, and what provisions the criminal justice system makes for compensation. However, prosecutors tend to be reluctant to bring criminal charges in such cases. In addition, if the executioner is a family member, you may have more difficulty initiating criminal cases, as prosecutors are less likely to want to interfere with family matters.