Skip to main content

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

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?

+ Read More

Attorney answers 2


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-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction. Moore & Moore Attorneys at Law --


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 as well as to give you general information and a general understanding of the law, not to provide specific legal advice. There is no attorney client relationship between you and Sabrina Winters, Attorney at Law. The information provided should not be used as a substitute for competent legal advice from a licensed professional attorney retained in your state.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer