Legal Question in Wills and Trusts in Washington
Theft by Conversion
A relative legally removes assets from an estate prior to the death of the owner of the estate to avoid those assets going through probate. He obtains assets by having himself listed as sole beneficiary on various CD's. He signs a notarized declaration promising to divide the assets equal among himself and two other beneficiaries after death of the estate owner but does not do so. I have been told that I cannot file a civil lawsuit for theft by conversion in civil court but have to address the matter to the probate court (probate is still open). Is this correct?
1 Answer from Attorneys
Re: Theft by Conversion
Yes. All matters dealing with the estate's assets must be addressed by the probate court. You should contact a probate litigation attorney. We regularly handle these matters.
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