[WSBAPT] Non-PR & Non-Trustee Liability/Culpability?

[Steve Nicol]

Paul,


I had a similar situation a few years back and my response to the person was that what she contemplated was both a criminal act and a civil act.  Since the money wasn't hers to take, I advised her that if her relatives, the creditors or the heirs found out, they could turn the matter over to the police.  She eventually chose to do the right thing.


Steve


________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Paul Neumiller <pneumiller at hotmail.com>
Sent: Thursday, April 20, 2017 8:26 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Non-PR & Non-Trustee Liability/Culpability?


A client, after several rationalizations, wants to keep deceased mom’s estate.  No probate will be opened.  While she is paying off the creditors, she intends to keep the left over money (less than $50k) because “that is what Mom wanted” despite being contrary to Mom’s Will (despite my advice otherwise and multiple cya letters).  In doing research, I find  cases regarding PR liability and applicable statute of limitation and trustees and their statutes of limitation (appears to be three years after discovery), but I am not finding cases regarding the non-PR and non-trustee liability and culpability?  Any thoughts?  The beneficiaries under the Will probably don’t even know that “Mom” has passed (and in other state.)



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