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If an executor mishandles/steals from an estate and a judgement is filed against him, can he declare bankruptcy and walk away?

Atlanta, GA |

One of the heirs was a minor at the time of death.

I just want to find out if it will be a waste of money to pursue this matter in the courts if he can just dodge the outcome with a bankruptcy.

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Attorney answers 2

Best Answer

Bankruptcy law does not allow the discharge of debts that occur as a result of criminal actions. However, in order to protect the rights of the victim, you may have to file a legal action within the bankruptcy.

See 11 USC section 523(a)(4) for more information.

Hope this perspective helps!


A probate lawyer may be able to provide you with some context specific to your jurisdiction, but I'd consider posing your question to a bankruptcy lawyer as well. Chances are that a helpful answer will require some substantial development of the facts you've provided. For example, has the executor's mishandling already been litigated, resolved and reduced to judgment, or are you concerned about where some current mishandling might lead things? Many types of estate administrations require the representative to post a bond against potential wrongdoing. Are you aware of any sort of mechanism that might already be in place to make the estate whole?

This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make no attempt to opine on matters of law that are not relevant to Texas. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should not rely on this answer alone and nothing in these communications creates an attorney-client relationship.

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