Legal Question in Wills and Trusts in Pennsylvania

Can you get a family member arrested for taking money that was on the will?


Asked on 3/13/11, 3:08 pm

1 Answer from Attorneys

I don't understand the question. Assuming that a will was probated and left a specific bequest to a beneficiary, the executor has to distribute that money. The reason is that that the executor has to first pay claims owed by the estate and taxes before making a distribution. Ig he or she makes a distribution and there is not enough money to cover these expenses, he or she will have to ask for the money back and can be surcharged.

You can't just go and take the money that is willed to you unless you are the sole beneficiary and there are no claims of any kind against the estate. That said, I need to know a lot more facts about this before I can advise whether there is criminality or not which would subject you to arrest. This is really a criminal law question and you might need to speak to a criminal attorney.

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Answered on 3/13/11, 9:43 pm


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