Florida Grand Theft/fraud first degree

Attorney answers (3)

1. 

   William JonesPro

   Wexford Criminal Defense Attorney

   Contributor Level 19

   

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   Answered January 19, 2013 15:54. I'm going to edit the practice area for your question. You haven't provided a great deal of information which is a good approach as your postings are not confidential. I highly recommend that you reach out to contact attorneys from your area that respond to your inquiry to talk privately and confidentially with them. Most of us offer free, if limited, initial consultations. At least in that setting you will be able to give one or more lawyers enough information for them to form a useful opinion and provide suggestion(s) as to the available approaches. Good luck.

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2. Licensed in FL

   

   Marian Lindquist

   Fort Lauderdale Probate Attorney

   Contributor Level 15

   4

   Lawyers agree

   Answered January 20, 2013 13:21. I agree with Attorney Jones and Frederick that you should meet with an attorney to discuss your particular facts. It is not uncommon that trustees misappropriate funds. It is usually hard to recoup those funds because once trustees take them, they generally spend them. It's hard to collect money period. It also is probably not a good idea to wait to make a claim because there are always statutes of limitation in play.

   The contents of this answer should be considered friendly advice, not legal advice and the answer should not be... moreThe contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button less

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   James P. Frederick, Livonia Probate Attorney

   Posted 5 months ago.

   I agree with you. It is also not clear from the facts whether any money was actually LOST, or whether the attorney for the trust was able to stop the misappropriation and recover the funds. An attorney would need to analyze this to determine what the actual damages were.

3. 

   James Frederick

   Livonia Probate Attorney

   Contributor Level 20

   4

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   Answered January 20, 2013 13:15. I agree with Attorney Jones. As you have conceded, your matter is complicated and situations like this always turn on the peculiar facts of the case. I would strongly suggest that you meet with a probate attorney and review all of the circumstances to determine what claims you may have, if any.
   
   James Frederick

   ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful! less

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