Legal Question in Criminal Law in Louisiana

no will and theft

My ex husband died Feb. 4, 2009. His employment direct deposit check made it to the bank on the 5th. His room mate started withdrawing his money which was about $800.00, on the 5th with his debit card. Apparently they new the code. He has only two daughters which we have together. My question is did this person commit theft because they did not have permission to withdraw his funds. It is also my husband's estate and my daughters are his only heirs. Can this person be sent to jail? And how do I go about getting process started. Should I report it to the bank and let them go foward with the charges or should I file charges with the police department.

Thanking you in advance for your help.

Elaine


Asked on 3/26/09, 12:51 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: no will and theft

Go to the police department or sheriff's office and tell them the story. You should notify the bank, and the employer that your children's father is deceased. Then you can start the succession. At the moment of his death, your children became owners of the property he owned, subject to any debts and unless he had a will leaving them out of any inheritance. You should contact an attorney.

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Answered on 3/26/09, 8:03 am


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