What is the punishment for executor fraud?

I think that the executor of my mom's estate has committed fraud.

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There are a lot of factors that would be considered. What is the fraud, what was involved, what has it cost, who is harmed, is the harm reparable, did one person attempt to defraud or were others involved. All these things will be considered in an investigation.

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posted by Anonymous
Let's do have faith in that investigation on behalf of our State of NC Beth Woods Office and they have been contacted.Haven't seen the DA yet but evidence on file and turned in with Superior Clerk of Court.Ask for deposit slips when you have a compel inventory going on ! add a comment

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Answer by mammakat (11147)

This can be VERY serious and you need all your ducks in a row. You could be talking heavy felony, jail time, disbarment and restitution. Call an attorney.

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posted by Anonymous
Viewing fraudlent misrepresentation on an account sworn in and reported to the courts. Beneficiary recognizes and calls it to the attention of estate attorney. The estate attorney amends to correct amount on account,tells beneficiary they did not handle this particular account correctly.Accurate distributions not requried to be made. add a comment

posted by Anonymous
Fed's sending money for court house estate divisions to hire CPA's ! Unethical estate attorney's out of business and all deposit slips now checked on self dealing executors ! Let's solve this beneficiary hijacked estate nightmare. Call your Senator's ! Compel inventory and then doesn't ask for a deposit slip add a comment

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Answer by CarlSCansino (464)

The executor is under a fiduciary obligation (a position of trust) to carry out the provisions of the will. If someone suspects the executor to be violating their position, then the court will have to intervene. If the executor has violated a law, they may be subject to criminal prosecution in addition to being removed.

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posted by Anonymous
It's real simple,remove the executor when he reports fraud and ask for a deposit slip when you compel an inventory.No one did and that's malfeasance and gross negligence.Is there a CPA in your Court House Estate Division ? Does your Superior Clerk of Court have the $ to hire one add a comment

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Answer by John (9008)

The laws for this vary tremendously from state to state, and also often depend upon the amount stolen. In most cases, it is a felony, however.

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Reply by pebblepusher (0):
Going through the same thing my brother has not only committed fraud but also has committed forgery, theft, falsified documents all with proof still I have contacted the sheriffs office, DA AG and numerous websites still noway to enforce the law add a comment

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Answer by pebblepusher (0)

The state of Kansas and its courts have made a mockery of living trusts, trustees, rules obligations of a trustee and totally ignore the victims of such matters. I know I am a victim. A rouge trustee can do whatever they want even including fraud and falsified documents.At least in the state of kansas in the state of kansas do not take out wills or trusts at all. INSTEAD AND FOR SMALL FILLING FEES AT THE COURT HOUSE AND SUCH MAKE EVERYTHING A (TOD) transfer on death, all properties, bank accounts, titles and such either have forms you can get or on the back of titles places to place names for a TOD. by doing so it becomes like an insurance policy with beneficiary, REAL IMPORTANT HERE. no courts, no contesting, no probate, no trustees, no taxes, no fight and no allowance for corrupt trustees and very little cost to you. As all disclaimers say I am not a legal service and eccept no responsibility for use of any information within these statements. Seek more information or legal information upon your quest in using this information. Good luck.

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Reply by misu51 (1):
Nov 12th 2012
VERY TIME SENSITIVE
Estate contest and illegal acts to aquire land..........
Please Help! , pulling hair out , In need of a good hearted, non corrupt lawyer!
Not sure how to begin, I am at my wits end.
I have been fighting a case that is pertaining to land and the dispute of it going to my fathers 3'd wife, it should be cut and dry as my first lawyer had all the paperwork.( wills , Contracts, agreements, post nuptials agreements,) etc.....
Which he never submitted and they all ended up missing. Then forged ones were submitted and he gave me false( "filed")Paperwork so I thought he was doing his job.
By the time I really caught what was going on, he had me 2 weeks from running out my statue of limitations and losing all I have worked for all my life since I was 10Years old. however this is my mothers family land the deed still reads my granparents on my moms side but a divorce decree states sole property of my fathers i have the paperwork to support it was for me however i have no representation my lawyer dropped me rehired him self then dropped me again i have proff of fraud and forgery but no one will help or take the case .
I Have lived in my home my whole life as did my mother and her parents.
There are many discrepancies with this and a surrounding case instigated by the same person to get me out .
I have proof and papers and A letter email, from my Fiancee's ex judge and lawyer friend that I am getting, as he put it,....." railroaded", and He cant help but i should try where I'm at ...
The wife has managed to keep her name just slightly tainted, but as law reads she is breaking the law.
Yet, no one will even go past looking at what she has lied and stole and forged to try and get.

Right now, besides all that is going on.
Recently my god father had found the copies my father had left and sent to him.
They are now in my possession.

The wife is also in breach of contract.
The, not my current lawyer who resigned from this case because I would not bow the the terms of losing my grandparents land on my mothers side , told me, "If you do not take the deal then, I can no longer work for you. ".
When I asked about the forgery, and the DPOA that was Forged, and the Forged Will, He told me, " There is nothing you can do ". Then I asked, " So your telling me that she can lie, steal, cheat, and she won't go to jail because it's OK, and she is above the law????". He told me, "Yes, she is above the law.".
This lawyer rehired him self or has tried to, for litigating of a proposal to give it to her and then pay all the courts costs and lawyers fees. Then sell the land to give her the money for her gain and incurred costs as well as the hired fired lawyers costs and her being put out .
She is on record with the courts verbally admitting to lying and making the will behind my fathers back without his knowledge, etc....
This next appointment is the 28th of this month November 2012 I think, so they can try to force me to sell ...
The thing is, I have copies of the original papers.
They went missing from my first lawyer in his office. and my fathers copies went missing when his house was broken into 3 times and riffled thru.
my trust/ trust acct is poof Just gone I guess....
I Am under contract with the business and land, which is why I have managed to keep a little fighting ground.
She (the wife) has even intentionally instigated another lawsuit with TCEQ the State Of Texas, to try and have me removed.

No one will help.
There is much more to this case , and I have all the papers for this case, plus courts papers and, I have witnesses to back up and verify my claims and my fathers papers and or claims.
If nothing else, I could use some advise on contract law.

My and my fathers business and place of residence are on and located in Boerne and the land in question .

The last lawyer I spoke with in hopes he would take the case , said after looking at just some of the paperwork,
that there had to be at least 20 or 30 cases and intentional wrongs done to this case and myself. Everyone I have spoke with from the DA's offices in Bexar county and Kendall county to the police in those counties, and numerous law firms, and legal workers , to friends and family, all say the same thing, " That's not right!" and " It's illegal!!".
So, if it's illegal then why is this woman walking Scott free?
I am still praying for a miracle of a good lawyer who believes in the justice way. I can not say I have not lost a lot of hope and faith in the system. I am out of time and desperately need help!
I have no representation.
I have been in court since 2008, this case was started in a back door kind of way. It went into and out of probate in less then or just at a month I think, before I even got a copy of that fake WILL she submitted. I have tried the DA's offices, police in both counties, News stations and news all over this area.
I guess it's been done so wrong, that helping the person who is being stole from won't happen. No one wants to deal with the work of or who messed up and allowed this to continue to proceed and yes, there is much more ,,,,,,
It would be easier, if you have some time for a very tired person who has just about lost everything and has little hope.......

Thank you for your time, I look forward to any and all communications in the future.
I can be reached on the below numbers. My Fiancee Shonette Campbell has all the information you could possibly need. You can speak with her if I am unavailable. s She Has the authority to make any and all decisions on this case and any other case.

210-609-3883 Shonette Cell Primary Number
830-446-2110 My Cell secondary

Update November 28th 2012 still cant get a lawyer and now that i don't have one she wants a trial I have depositions and DPOAS and abuse investigation and witnesses and her own admittance to paramedics that she knoew my father was in cardic arrest and left him there for 18 hours before calling the cops her admittansce to the courts that my father had no idea of the will she submitted that she did it behind his back without his knowledge and that she signed it???????????????????????? Please help I am out of time they are letting this continue with out the investigations , she forged my fathers name on a Durable poa medical to pull the plug and funny it says a spouse cannot witness yet she was names in the will and was benificiary and she ldsubmitted fake papers and sighned his name he was in dementia diagonosed since 2005 or 06 was noted thru the VA by her admittance that he had memory problems for years i started seeing them in 1995. first forged will 1998 and Durable and post nup to keek her house forom my father even being the exutor were all done sept oct and nov of 1998 two documents notory same person signature close but can visibly see the difference from my fathers and the likeness to her and my Fathers brotherboth who was witness, The 2006 she has nother will drawn up no one had knowledge fater died 2008 the will went in and out of probate in or at 30days i contested the on to my first layer problems I need he there is soooo much more please please advice i have till the 7th i think of dec 2012
no one will help and every one doesnt care to investigate including the DA"s office what do i do where do I go And how can i get the law to actually help me?
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