Legal Question in Criminal Law in California

Re: Is this a crime?

Thank you for your posting, and I am sorry to hear what you've discovered regarding your inheritance.

You have described facts that may constitute embezzlement, or fraud, both of which are crimes. However, the statute of limitations on prosecution, assuming they were discoverable, might have expired long ago.

More importantly, police are more and more reticent to become involved in family heir actions. They will tell you that this is a civil matter, and in fact, the probate and civil code have causes of actions you may sue under to receive reimbursement for the trustee's actions.

I hope this helps, but if you need more information, have other questions you wish answered, or feel that you need representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.

Re: Is this a crime?

It probably was a crime, but it seems the applicable statute of limitations must have run by now. You may still have a viable civil claim against her if you don't mind suing a relative.

Re: Is this a crime?

a trustee has fiduciary duties of due care and loyalty to the intended beneficiaries ascertained in the trust instrument. if you were such a beneficiary in which your aunt breached one or both of the aforementioned duties, she could be personally liable to you for your share of the inheritance that she misappropriated, i.e. you would be able to recover damages up the amount of your inheritance directly from your aunt's assets. further, if there was any criminal conduct associated with this misappropriation you would be able to press charges as well. if you would like further assistance or representation on this matter, feel free to email today with more specific facts on your case, including what the inheritance amount was that you were to receive and what assets your aunt my have in her own estate that might be able to satisfy the amount you were supposed to receive.

Re: Is this a crime?

May be a crime, report it if you want to. It may be grounds for a civil suit against her and the person receiving the asset, if you can get past the statute of limitations problems and proof of knowledge issues. Contact me if you are serious in pursuing the civil suit theory.