Legal Question in Criminal Law in Ohio

Embezzelment. Forgery, Perjury

Upon assuming power-of-attorney and Administrator of our mother's estate positions, our sister immediately proceeded to conceal assets, commit embezzelment , and forgery and perjury acts against her siblings. For instance, she along with a local bank signed off on a bank withdrawal document falsely stating that our brother (who is handicapped) was dead at withdrew $7,000 out of his account. The brother is not dead.

What can be do if anything?


Asked on 7/04/08, 10:17 pm

1 Answer from Attorneys

David Davies Law Office of David H. Davies

Re: Embezzelment. Forgery, Perjury

I am going to assume that you want to know what can be done about your sister's actions? If you are interested in protecting the assets and making sure that the distribution is as your mother intended, you will have to take action through the probate Court. The Court can replace your sister as the administrator and require that assets be revealed. You will need to have an attorney help you with this.

In addition, you can talk to the police about your sister's actions. They will most likely want to talk to the prosecutor or have you talk to the prosecutor. A decision will be made by the police or prosecutor as to whether they feel that her actions amount to criminal conduct. The decision to file criminal charges will be made by the police or prosecutor. You will not need an attorney for this. The police and prosecutor will be looking at penalties or punishment rather than trying to straighten out the estate issues.

You should talk directly to an attorney before you go very far on this. I have handled these types of cases over the past 30 + years and will be happy to discuss this with you in more detail if you want to give me call. No charge or obligation for a confidential phone call.

Good Luck!

DHD

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Answered on 7/07/08, 12:06 pm


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