Table of Contents
Key Takeaways
- Theft from a California probate estate occurs more often than people expect.
- Executors owe strict fiduciary duties to beneficiaries and heirs.
- Immediate action is necessary if theft is suspected to protect the estate.
- Courts can remove an executor and order repayment of stolen assets.
What Happens When an Executor Steals
An executor is responsible for managing estate assets and acting in the best interests of the beneficiaries.
A breach of fiduciary duty can result in serious consequences.
Under California probate law, an executor who takes or misuses estate property may be held personally liable. Courts can require repayment, impose damages, and remove the executor from their role.
At The Grossman Law Firm, we often assist beneficiaries who suspect wrongdoing but are unsure of the next steps or whether litigation is necessary. If assets are missing or unaccounted for, prompt action is vital to securing your estate.
Signs of Theft in a Probate Estate
Executor theft is not always obvious. It often shows up through inconsistencies.
Common warning signs include:
- Missing funds or unexplained withdrawals
- Delays in distributions without explanation
- Refusal to provide financial records
- Vague or incomplete accountings
- Estate assets are being used for personal benefit
If something does not add up, that is often the first indication of a larger issue.
Executor Theft: What You Can Do
Steps to Take If You Suspect Executor Theft
If you suspect an executor is stealing from the estate, do not wait.
1. Speak with a probate litigation attorney
These cases rarely resolve without legal intervention. An attorney can evaluate the situation and determine the appropriate next steps.
These cases rarely resolve without legal intervention. An attorney can evaluate the situation and determine the appropriate next steps.
2. Petition the court
You may need to bring a petition before the probate court to address the misconduct.
You may need to bring a petition before the probate court to address the misconduct.
3. Gather evidence
Collect financial records, communications, and any documentation showing how assets are being handled.
Collect financial records, communications, and any documentation showing how assets are being handled.
4. Request the removal of the executor
The court can remove the executor and appoint someone else to take control of the estate.
The court can remove the executor and appoint someone else to take control of the estate.
In many cases, once legal action begins, the executor is restricted from using estate funds while the matter is resolved.
For over twenty-five years, Scott Grossman has helped beneficiaries across California hold executors accountable for breaches of fiduciary duty. If you suspect this may be happening in your case, contact The Grossman Law Firm today. For more information on executor duties and how to enforce your rights, please review our blog, Executor’s Duties in California: What Happens If They Breach Their Fiduciary Duty?.
FAQ
Can an executor go to jail for stealing from an estate?
In some cases, theft may lead to criminal consequences. However, probate courts primarily address repayment, damages, and removal.
Can I recover stolen assets?
Yes, courts can order the executor to return funds and compensate the estate for losses.
Related Resources
How The Grossman Law Firm Can Help
If you believe an executor is mishandling or stealing estate assets, The Grossman Law Firm can step in to evaluate your situation and take immediate action to protect your interests.
Call (888) 443-6590 or fill out our Get Help Now form. Our Intake Specialists can evaluate your case at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published Sep 15, 2016