Alabama Code 43-2-290 says 1 year in jail or prison for an executor stealing, maladministration, etc. What evidence and facts would probate court require and would they put him in jail?
Sure. Executor or not, stealing is a crime. How do you prove a crime? Someone took something that was not theirs and meant to keep it. Of course, this is tougher to prove when there is an executor involved, because executors are legally REQUIRED to take control of the assets of the estate to safeguard and preserve them. So unless you can prove that the executor did so with the intent to steal it and keep it for himself/herself, the court may not buy your argument. It sounds like you have a weird and complex situation. I would consult with an attorney to see how best to proceed.
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Elder Law Attorney
Yes anyone who steals can be convicted of a crime. However, to get a criminal conviction, you generally must get the police and prosecuting attorneys involved. The probate court likely would only deal with estate issues rather than criminal issues. Either way proof of wrong doing would be required. If your real goal is to get the executor out and the missing assets back, consult a local estates lawyer. Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (L.L.M.) in Taxation from N.Y.U. School of Law.