QUESTION

What possible charges can be brought up for withdrawing funds from a trust illegally?

Asked on Mar 02nd, 2012 on Estate Planning - California
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What possible charges can be brought up for withdrawing funds from a trust illegally?
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3 ANSWERS

Family Law Attorney serving Middletown, CA at Maurice Kemp
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Petty theft, grand theft, fraud, and embezzlement are a few that come to mind. These are all criminal charges. Breach of fiduciary duty is a civil remedy which could be used as well.
Answered on Mar 06th, 2012 at 5:32 PM

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Your question can not be answered because you have not included enough facts. The position of the person doing the withdrawals must be known. Further if you wish to know if the matter can be prosecuted criminally you need to seek the counsel of a criminal attorney or file a complaint with your local district attorney.
Answered on Mar 06th, 2012 at 5:06 PM

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Estate Planning Attorney serving El Dorado Hills, CA at El Dorado Hills Lawyers Group
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If you feel a trustee has wrongfully withdrawn funds you should first file a petition in court to have the trustee removed and held liable for his actions. Depending on the severity of the conduct and the amount of money, you may be able to get a District Attorney to file criminal charges for fraud or embezzlement. But normally these issues are handled in Probate Court.
Answered on Mar 06th, 2012 at 4:05 PM

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