15 August, 2020

Quora Answer: What Happens If an Executor of an Estate Keeps Bank Accounts from the Heirs?

The following is my answer to a Quora question: “If an executor of an estate knows about bank accounts with no beneficiary listed, and did not let the devises of the will know about them, would it be a civil matter, or criminal matter, if found out?

It would be both a criminal and a civil matter.  The executor would be in breach of his fiduciary duties, and liable for criminal breach of trust or similar charges, depending on the nature of the case, the framing of the criminal charge, and the jurisdiction.  He will also have to pay back what he stole, and if he does not, he may be sued in civil court for the sums misappropriated.


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