what kind of lawyer should i get if family steals money

What to do if a family member steals from you?

 · It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected. A lawyer can advise an individual what they may be entitled to in their state, as laws vary by state. Issues may …

Can I Send my Brother to jail for stealing money?

 · You need a commercial or civil litigation attorney. A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other …

What is family law and do I need a lawyer?

 · Regardless, if money has been stolen, lawyer up, sue your brother, and once you've proven it in civil court, file a criminal complaint with the police. The answers given are for general information only, and should not be construed to be formal legal advice nor the formation of an attorney-client relationship.

Who steals the most money from the elderly?

If you suspect a sibling is stealing from an estate or trust in which you are a beneficiary, you very likely need the protection of a trust litigation attorney. Unfortunately, sibling theft is an all-too-common occurrence. Fortunately, an experienced trust litigation attorney can usually help recover stolen assets, and quite possibly have your sibling disinherited and recover attorney’s fees and …

What do you do when a family member steals money from you?

If your family member has stolen your identity, you will need to file a police report in order to remove fraudulent information from your credit report. Reporting your family member may be difficult, but bad credit can haunt you for years, so it's important to protect yourself from the repercussions of their crime.

Can you get sued for stealing money?

If you steal from your employer or someone else who has entrusted you with property or money, you can be convicted of a crime and sued in a civil court.

Can you inherit stealing?

Inheritance hijacking can be simply defined as inheritance theft — when a person steals what was intended to be left to another party. This phenomenon can manifest in a variety of ways, including the following: Someone exerts undue influence over a person and convinces them to name them an heir.

Can I sue my sister for stealing my inheritance?

Siblings who steal property from an irrevocable trust are generally prosecuted as civil offenders. However, you can request legal action if you suspect theft or have evidence that your brother or sister has stolen your inheritance or assets. Though it is uncommon for our clients to jail their siblings, it is an option.

How much stolen money is considered a federal offense?

It is important to understand how much money and property involved are considered federal offenses. This means that for any amount of at least $1000, it does not matter if it is real estate, records available to the public or other assets, it is possible to face fines and jail sentences.

Can you sue a person for stealing?

Yes you can file a civil lawsuit seeking money damages and/or the return of your property if you can prove who stole it. You can also take out a criminal complaint with the prosecutors office alleging a criminal act...

How do you deal with greedy siblings?

How Do You Deal With Greedy Siblings?Cultivate empathy for them and try to understand their motives. ... Let them speak their peace, even if you disagree.Be understanding and kind to the best of your ability.Take time to think about your response to them if you feel overwhelmed or triggered.More items...

What are the disadvantages of having a power of attorney?

What Are the Disadvantages of a Power of Attorney?A Power of Attorney Could Leave You Vulnerable to Abuse. ... If You Make Mistakes In Its Creation, Your Power Of Attorney Won't Grant the Expected Authority. ... A Power Of Attorney Doesn't Address What Happens to Assets After Your Death.More items...•

How do you deal with unequal inheritance?

Be Honest. If you choose to leave unequal inheritance for your children, one of the best ways to avoid hurt feelings and resentment among your children is to have an open and honest conversation with them about why you made your decision.

Can a sibling cut out of will?

The answers can be spelled out in a will. Alternatively, a parent can give directions that the house is sold and the proceeds divided evenly. If a parent wants to leave one sibling out of the will, this is legally permissible. There is no rule on disinheriting a child.

What makes a person steal from family?

Stealing may be caused by jealousy, low self-esteem, or peer-pressure. Social issues like feeling excluded or overlooked can also cause stealing. People may steal to prove their independence, to act out against family or friends, or because they don't respect others or themselves.

Should siblings receive the same inheritance?

Do all siblings have the same rights? When there is no will, all siblings have equal rights to an inheritance. However, if one sibling feels they should be awarded a larger distribution, they may seek to a portion of the estate through other means.

Can a lawyer do collections?

A collections lawyer can do it. A lawyer who does collections litigation can do it. I do not do collections work. but there are many in town who do. You can call the Virginia Lawyer Referral Service for a name.

What is a civil litigation attorney?

A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other negotiations can't be worked out prior to filing the suit.

Dana Heyde

A lot more information in needed. But generally, your mother's estate needs to be probated, and the judge will ultimately determine who inherits. You need a probate attorney.

Marinus H W Goossens

Unless a court appointed your brother as executor, he's not the executor. Your mother's will does not rise above a nomination. Depending on the size of the estate, you can start a probate procedure.

Ronald Daniel Hedding

Has your mother passed away? If so, when? You need a probate attorney or a Wills and Trust attorney. But we need more information please in order to help u.

My sibling is stealing from the estate or family trust, can I get my share of the assets back?

The short answer is “yes, you can expect to get your assets back.” At RMO, we have typically been able to recover stolen assets in six to twelve months, but sometimes sooner, in as little as 30 days.

What do I do when my sibling steals my inheritance?

It’s natural to get angry, frustrated, and sad when a brother or sister breaches your trust.

What is the penalty for my sibling stealing from the estate? Will they go to jail?

Generally, the theft of estate assets by a sibling is treated as a civil matter. That means: No jail time is involved. As a victim, you do have the option to make a criminal complaint and ask the district attorney to prosecute your sibling, either when you suspect theft, or have proven they stole your assets or inheritance from the estate.

How should you feel when a sibling steals your inheritance?

It’s natural to feel angry, disappointed, scared, and hurt. Any number of feelings. Just remember, regardless of what your brother or sister did, you have the ability to control the response.

How can I get over my sibling stealing my inheritance?

It takes time to get past the emotions of a sibling stealing your inheritance. At RMO, we often counsel clients on more than just the facts of their case.

When do I need a trust litigation attorney?

You should consider a trust litigation attorney the moment you suspect a brother or sister is stealing your inheritance or assets from the estate. Often a trust attorney can quickly begin communications with the suspected sibling and/or their attorney, and resolve the theft quickly.

Do I need a trust litigation attorney near me?

We recommend finding an experienced trust litigation attorney familiar with the county probate court in the county where the decedent lived. For example, if the decedent lived in Los Angeles, we recommend working with a trust litigation attorney in Los Angeles.

What to do if trustee steals money?

If trust beneficiaries feel that the trustee is stealing funds, they should ask the trustee to account (report on what they’ve done with trust assets). If through the accounting, or otherwise, beneficiaries learn that a trust stole money, they can charge the trustee with breaching their fiduciary duty and have them removed and surcharged.

What is a trust litigation attorney?

A trust litigation attorney handles the civil litigation (monetary relief) aspect of an embezzlement case, not the criminal case. Any beneficiary or trustee may choose to only prosecute an embezzlement claim in a civil court, without asking for criminal charges to be filed.

Is embezzlement a crime?

Embezzlement is a form of theft, and it is a crime. In the case of family trusts, embezzlement refers to misappropriation of funds belonging to the trust, or to the decedent that should belong to the trust but were stolen before their passing.

What is a trustee in a trust?

A trustee is the individual or entity charged with managing the trust. It is the trustee’s duty to make responsible decisions with the trust fund assets. A trustee typically cannot take any funds from the trust for him/her/itself — although they may receive a stipend in the form of a trustee fee for the time and efforts associated with managing ...

What is the duty of a trustee?

It is the trustee’s duty to make responsible decisions with the trust fund assets. A trustee typically cannot take any funds from the trust for him/her/itself — although they may receive a stipend in the form of a trustee fee for the time and efforts associated with managing the trust.

Can a trustee take money from a trust?

A trustee typically cannot take any funds from the trust for him/her/itself — although they may receive a stipend in the form of a trustee fee for the time and efforts associated with managing the trust. If trust beneficiaries feel that the trustee is stealing funds, they should ask the trustee to account ...

What is breach of trust?

A breach of trust most commonly refers to a trustee’s breach of fiduciary duty. A trustee is required to act prudently and consistently with what a reasonable trustee would do in a similar circumstance. Trustees cannot play favorites, act in a manner that does not benefit the trust beneficiaries, etc. In essence, a trustee has a fiduciary duty ...

What to do if someone steals from you?

If the person who stole from you is younger than you or is the responsibility of another family member, you may need to involve them in the confrontation. If this is the case, you may want to talk to the parent or guardian before talking to the minor.

What to do if someone steals your identity?

If your family member has stolen your identity, you will need to file a police report in order to remove fraudulent information from your credit report. Reporting your family member may be difficult, but bad credit can haunt you for years, so it’s important to protect yourself from the repercussions of their crime.

How to talk to your family about a divorce?

1. Plan your side of the conversation ahead of time. Think about what you want to say to your family member. Avoid confronting them right away, especially if you’re feeling too angry or hurt to stay calm. Give yourself time to cool down and consider your approach.

Why do people steal things?

People steal for many reasons. Some people steal things because they feel wrongfully deprived, while others are trying to support a drug habit or pay off debt. Children and teenagers may steal to get attention or express negative emotions.

What to expect after a betrayal?

Your family member has broken your trust. It may be hard to accept, but right now you can expect to not believe much that they say. If this is a first-time offense, or if the theft involves a minor, a firm talking-to might be enough to ensure such an incident doesn't occur in the future.

Who is Amy's brother?

Then Amy’s only sibling, Randy, got involved. His relationship with their parents had always been strained, and he had an alcohol problem they were slow to recognize, Amy says. In 2005, Randy was living with his wife, Madeline, in Westchester County, New York, and hadn’t been around much.

How old is Ethel Simmons?

The Family Friend. Ethel Simmons, now 87 , expected to live out her life in comfort. She had pension income, Social Security and money in the bank. And, above all, a home. She and her late husband, Elgie, bought their house in 1962 and raised their three sons there.

What happened to Lori Delagrammatikas?

Lori Delagrammatikas is quite familiar with the embarrassment caused by elder financial abuse. It happened to her mother. Janet Dermy had a doctorate in education and spent her life as a teacher, at one time running a small technical college. She was a tough, hardheaded woman. She was perfectly fine — self-sufficient and healthy — when, at 76, she moved into an independent-living facility north of Phoenix in 2009.

What is a felony to steal something?

It is a rather serious crime to go into a house to steal something even if the owner at home. New York classifies this as Burglary 2nd degree, a class "C" violent felony. It is considered a violent felony because it involves going into a home, and carries a 15 year maximum sentence. This is one crime to be certainly avoided, because what seems like a whim behavior to go into a house and grab some cash can lead to some very serious jail time.

What is the charge of stealing over $250?

Most likely they will be charged with Larceny Over $250 and perhaps fraud, uttering, and possibly forgery. The primary charge is the Larceny Over $250, which is a felony. A good lawyer should be able to get rid of the other charges and possibly get the Larceny Over reduced to a misdemeanor charge. Report Abuse.

What is a larceny charge?

Larceny, Larceny in a building, recieving stolen property, possession of stolen property, and perhaps other charges. In such cases, it is generally best not to guess and to wait to see what is charged. Then the specific charge can be addressed.

Is theft a felony?

Theft constitutes a class A felony if: III. Theft constitutes a misdemeanor if the value of the property or services does not exceed $1,000. Forgery as a felony, among others, but that is up to the state. you should contact your local police and report the matter if that is your intention. Report Abuse.

Is larceny from a building a felony?

They could be facing Larceny from a Building, which is a felony, or possibly Home Invasion which is an even worse felony depending on what they facts are. Seek out an experienced criminal attorney right away. Report Abuse. Report Abuse.

What is a 2nd degree felony?

If they had not been living with you but entered your home without permission ( whether it was locked or unlocked), then the charge would be burglary of a habitation with intent to commit theft - a 2nd degree felony.

My Story

Family has always been important to me. If someone in the family ever needed help I would do what I could to assist them with whatever they needed, including financial matters. Any time anyone lost a job, hit hard times or needed help I was there.

1. Never Allow Someone to Steal Money From You

When it boils down to it, I allowed this to take place by being too free with my finances. My family knew that I worked a great deal and made a decent living. I only had to support myself, I have no children. They felt entitled to the help I could give.

3. Pay For Things Directly

If you decide to help someone with bills or groceries, pay for the items directly. For instance, if your sister asks for help paying her rent for the month and you decide you will help, open the webpage and pay the rent yourself. This will prevent any kind of additional charges being made to your card.