Legal Question in Veterans Law in New Jersey

theft by decption of fathers estate

is it a criminal offense for executors to steal from an estate. i had heard if they steal one dollar they stand to loose their portion. can the same lawyer represent my fathers will and the executors?


Asked on 9/14/06, 12:39 pm

1 Answer from Attorneys

Re: theft by decption of fathers estate

An executor is a person charged with wrapping up the estate, paying outstanding bills and distributing the remainder in accordance with the Last Will and Testament written by the deceased, or, if no will was made, distributing the proceeds per the New Jersey intestacy laws. If your brother stole from the estate, it is a criminal offense the same as if he stole from a living person.

It is not a conflict of interest for the executor to retain the same attorney to assist in probate as drafted the Will. This is actually common practice since the attorney drafting the will is usually best aware of what the deceased wanted done with his ir her estate.

Please feel free to e-mail or call me at 978.250.4255 if you wish to discuss further.

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Answered on 9/14/06, 1:42 pm


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