Legal Question in Wills and Trusts in Colorado
personal representative
Situation;
Personal representative of an estate is replaced by court order due to incompetence. For a short period of time (one or two months) the ex-PR continues to receive checks payable to the estate. Even though the ex-PR knows that she has been replaced the ex-PR cashes the checks and uses the money for her personal expenses. Is this legal, and if not what crime has been committed?
Cheers, Chris.
2 Answers from Attorneys
Re: personal representative
The Personal Representative should immediately seek an order from the Probate Court and also report the actions of the prior PR to the authorities.
The current PR should have their attorney assist them in accomplishing these tasks and should proceed immediately to accomplish these actions. There is risk to the estate should the new PR delay in acting.
Also, the new PR should contact the companies making payments to the estate and file with them appropriate notice about to whom the payments are to be made. This should occur with all companies and all interested persons to the estate.
Re: personal representative
The former personal representative has committed theft and, likely, embezzlement. She has also breached her fiduciary duty to the estate, the creditors and the beneficiaries. She should be brought back before the Court and be forced to repay the estate. If she will not or cannot, the District Attorney may be interested.
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