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Since an Estate is already under the jurisdiction of a Court and a Judge, the Judge handles any malfeasance, e.g. wrongdoing. An executor (male) or executrix (female) has been empowered by the Court to take a narrowly defined set of actions on behalf of the Estate and the deceased. If the executor or executrix steps outside those boundaries, in particular the misuse of money belonging to the Estate, the Judge can strip the person of the executor or executrix title, appoint a non-family person (an independent person) to oversee the Estate, and can fine the executor or executrix or impose Contempt of Court against the person. Contempt of Court can result in serious, heft fines or jail until the fine is paid, or the Judge changes his/her mind. In other words, yes it is a crime. But because the executor or executrix is working on behalf of The Court and its Judge, the police do not need to do anything--the Judge has full legal right and duty to act. The executor or executrix will be ordered to return any monies to the Estate.

It should be noted, the executor or executrix is "paid" a Court approved amount for the duties they perform. This can be removed from Estate monies, but must be accounted for in the Administration papers they file with the Court. This accounting must be accurate for every dollar and cent spent to pay creditors or to the executor or executrix. IF a family member believes or has evidence of wrongdoing, they can bring a motion in front of that Court / Judge to review the matter. Any family member can make a legal motion, preferably through an attorney, during the process.

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10y ago

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