QUESTION
Can my Aunt still inherit from someone if charged with financially exploiting that person?
Asked on Feb 13th, 2014 on Criminal Law - Oregon
More details to this question:
My Aunt stole over $200,000 from my grandmother - she was basically penniless when she died. My Aunt has been charged with financial exploitation of a vulnerable adult and theft by swindle over $35,000. Sounds like she will be pleading guilty to both felonies - they are in negotiations as to how much jail time, - Anyway, she along with her brother and sister were the heirs to the estate. The estate has a chance to recover a portion of that money - if it were recovered would the estate have to pay her portion to her - she already got $200,000 she stole.
9 ANSWERS
2 Awards
No, she would not inherit a portion of what she stole that is recovered by the estate.
Answered on Feb 20th, 2014 at 4:22 AM
3 Awards
If you can prove the "swindle" then a judgment may be entered against her that all beneficiaries share in. So she may get her %, but she will liable to the others or may have an offset. Discuss the options and costs with estate counsel.
Answered on Feb 19th, 2014 at 4:03 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
No, I doubt it. Each child is entitled to about $67,000. So once the other two get their share, then she can keep what is left, after paying the estate's attorney fees for going after her, etc.
Answered on Feb 19th, 2014 at 4:02 AM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
Absent an order of the court.. just because she stole the money does not mean she does not inherit.. AFTER SHE PAYS THE AMOUNT SHE STOLE BACK. So, if the estate is handled carefully it lists as an asset the $200K she stole. if nothing is recovered, the $200K debt its distributed as her owing $66.7K to each heir. She would never pay herself so the $200K she owes is reduced to $133.33k ($66.67 to each other heir). Any amount recovered comes off the amount she owes AND Any distributions go 50% to her brother and sister. Plus an additional 50% comes off the amount she owes... SO if you recover $100K.. it acts as if she paid back $100K.. but then when the $100K is distributed by two $50K checks to her brother and sister .. she should actually get $50K also as an additional $50K credit off her debt to the estate. SO she only will owe $50K to the estate after it recovers $100K.
Answered on Feb 19th, 2014 at 4:02 AM
Probate Attorney serving Palatine, IL
at
Law Offices of Robert H. Glorch
Update Your Profile
No. She should not inherit.
Answered on Feb 19th, 2014 at 4:01 AM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Not in California. This problem is governed by statute. However, you should advise the district attorney to include as a condition of the plea, that she waives all of her right to share in any part of the estate.
Answered on Feb 19th, 2014 at 4:01 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
Normally, the answer would be yes, but this is one of those times I would petition the court for a different answer. The judge may determine that she has already received her inheritance.
Answered on Feb 19th, 2014 at 4:01 AM
Probably not. You're not allowed to benefit from a criminal action by keeping the money you stole.
Answered on Feb 19th, 2014 at 4:00 AM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
A surprisingly complex question. If the judgment against auntie includes restitution, then I think the PR of grandmother's estate could pay that restitution out of auntie's share of the estate, upon proper demand. There are ways this could happen, exact procedure may be different.
Answered on Feb 19th, 2014 at 4:00 AM