Legal Question in Criminal Law in Colorado

finding a will in the recycle bin
a colleague of mine passed away and
her brother said that he could not
find that she had a will.

i knew that over the years she told
me she had a will and was planning
on updating , she also told her
virtual assistant the same thing

the virtual assistant went onto the
computer through (go to my pc) and
accessed the computer of our
colleague and friend who had passed
away

the virtual assistant had been given
access & password to the computer
for several years

the virtual assistant found the will in
the recycle bin/trash

to the virtual assistant conclusion
the only person who could have
thrown the document/will into the
trash was her brother who was who
was the only person at the deseased
that morning

Because the brother threw the will in
the recycle bin and becasue it may
change his inheratance,as the will
indicated someone else in the family
to receive her assets , the virtual
assistant shared the document with
the family menmber mentioned in
the will
the brother is now saying that he is
going to have the virtual assistant
arrested for theft
is this considered theft

Asked on 8/25/08, 5:28 pm

3 Answers from Attorneys

Philip Rosmarin Rosmarin Law Firm

0 users found helpful

0 attorneys agreed

Re: finding a will in the recycle bin

No, and the virtual assistant should immediately contact the police department forensic computing section and give them all the evidence she has against the brother. He is the one who will be charged.

Good luck.

Answered on 8/25/08, 7:30 pm

Mark as helpful

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

0 users found helpful

0 attorneys agreed

Re: finding a will in the recycle bin

By itself, no. An investigator in computer forensics call tell when this document was trashed (did it happen before or after time of death). You really need an attorney who does wills/estates to contest this will.

Answered on 8/26/08, 12:11 pm

Mark as helpful