It appears that there is stealing from the estate; what can I do? |
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Unless waived, a personal representative is required to render an accounting prior to distributing any assets. If you believe that the personal representative is not being truthful, an interested party is entitled to challenge the proposed accounting and even force disclosure of financial records.
Accounting for missing assets is going to depend on proof and possession. For instance, if you know that the decedent had a special ring but it cannot be found, it may be difficult to show that the personal representative was responsible for its disappearance. Where a personal representative has taken assets, however, the probate court has broad powers to order their return or damages to compensate for the loss. |