Legal Question in Wills and Trusts in Minnesota
Theft by Swindle
When my stepmother passed, we discovered she had taken out a home equity loan for some $20,000. We thought it was strange because she had easy cash available through other means. My father left her well off.
After some research, we discovered the money was used to pay off her son's debt to the county for 'THEFT BY SWINDLE'' charges. Evidently he had been convicted for, (among other things), stealing lottery tickets from his former employer, a convenience store.
The estate paid off her loan before we knew what it was for.
My question: Shouldn't he reimburse the estate for this money?
He stole other assets from the house before the administrator took the keys away from him, but that's another story.
Any help you can give is most appreciated!
Thank you!!
1 Answer from Attorneys
Re: Theft by Swindle
Your question is a difficult one. The estate could make a claim against the son, but it would have to show that the money was a loan and not a gift. You so far present no evidence that it was anything other than a gift from the mother to the son.
It was nasty for the son to steal from his employer, but that does not automatically create a claim against him by his mother's estate. Unless you have more evidence than what you describe, you might as well forget it.
Good luck.
This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.
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