Is it illegal for someone to spend money out of a deceased persons account if they are not on the account?

Asked about 2 years ago - Morganton, NC

My father passed away and my uncle and fathers care giver took his personal belongings. I have been made admin of estate and am wondering what I should do if they have taken money or what can be done?

Attorney answers (2)

  1. Sabrina Winters


    Contributor Level 11


    Lawyers agree

    Answered . I am assuming that by your statement "you have been made admin of the estate" that you have opened an estate file with the Court and you have been formally appointed with the appropriate documents reflecting this. If this is the case, then there are specific Court procedures that you as the administrator can commence to compel the return of assets. I would not wait to speak to an estate attorney, I would call one immediately. If your uncle has taken money that you know belongs to the Estate then by waiting you run the added risk that there will be no assets remaining to be returned. I would suggest getting legal assistance soon.

    The information is made available by Sabrina Winters, Attorney at Law, (publisher) for educational purposes only... more
  2. Raphael Samuel Moore

    Contributor Level 16

    Answered . You need the advice of a local probate attorney. I'll also repost this to probate forum.

    Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-... more

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